Ch 43: Administrative Law and Regulatory Agencies Flashcards
Administrative Law
Law that governments enact to regulate industries,businesses, and professionals.
Administrative Agencies
Agencies created by the government to enforce regulatory statutes.
Federal Administrative Agencies
Created by US Congress
Cabinet-level Federal departments
Federal agencies that advise the president and are responsible for enforcing specific administrative statutes enacted by Congress
Independent federal administrative agencies
Federal agencies that have broad regulatory powers over key areas of the national economy (i.e. IRS)
State administrative agencies
Created by state legislature.
Administer state regulatory laws.
Local administrative agencies
Created by cities,municipalities, and counties.
Administers local regulatory law.
Administrative Procedure
Administrative Law is a combination of substantive and procedural law.
Substantive administrative law
Law that an administrative agency enforces
Procedural administrative law
Establishes the procedures that must be followed by an administrative agency while enforcing substantive law.
Freedom of Information Act
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.
Government in the Sunshine Act
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.
Equal Access to Justice Act
A federal act that protects persons from harassment by federal administrative agencies.
Privacy Act
-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.
Substantive Due Process Rule
Right to be heard on an issue when an agency is trying to penalize someone.