Ch 43: Administrative Law and Regulatory Agencies Flashcards

1
Q

Administrative Law

A

Law that governments enact to regulate industries,businesses, and professionals.

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2
Q

Administrative Agencies

A

Agencies created by the government to enforce regulatory statutes.

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3
Q

Federal Administrative Agencies

A

Created by US Congress

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4
Q

Cabinet-level Federal departments

A

Federal agencies that advise the president and are responsible for enforcing specific administrative statutes enacted by Congress

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5
Q

Independent federal administrative agencies

A

Federal agencies that have broad regulatory powers over key areas of the national economy (i.e. IRS)

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6
Q

State administrative agencies

A

Created by state legislature.
Administer state regulatory laws.

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7
Q

Local administrative agencies

A

Created by cities,municipalities, and counties.
Administers local regulatory law.

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8
Q

Administrative Procedure

A

Administrative Law is a combination of substantive and procedural law.

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9
Q

Substantive administrative law

A

Law that an administrative agency enforces

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10
Q

Procedural administrative law

A

Establishes the procedures that must be followed by an administrative agency while enforcing substantive law.

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11
Q

Freedom of Information Act

A

Federal act that gives public access to documents in the possession of federal administrative agencies.

Documents are exempt if they”
-Are classify in the interest of National Security.
- Are a statutorily prohibited from disclosure.
- Interfere with law enforcement proceedings.
- Are medical, personnel, and similar files.
- Contain Trade Secrets, confidential or privileged information.

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12
Q

Government in the Sunshine Act

A

Opens most federal administrative agency meetings to the public.

Exemptions are:
-Where a person is accused of a crime.
-Concerning an agency’s issuance of a subpoena
-Where attendance of the public would significantly frustrate the implementation of a proposed agency action.
-Concerning day-to-day operations.

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13
Q

Equal Access to Justice Act

A

A federal act that protects persons from harassment by federal administrative agencies.

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14
Q

Privacy Act

A

-Federal act

-States that federal administrative businesses can maintain only information about an individual that is relevant and necessary to accomplish a legitimate agency purpose.

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15
Q

Substantive Due Process Rule

A

Right to be heard on an issue when an agency is trying to penalize someone.

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