Ch. 5: Administrative Law Flashcards
Operation of administrative agencies: rulemaking
Process by which an administrative agency promulgates rules of law.
Legislative rules
Substantive rules issued by an administrative agency under the authority delegated to it by the legislature.
Interpretative rules
Statements issued by an administrative agency indicating how it construction of the statutes and rules that it administers.
Procedural rules
Rules issued by an administrative agency establishing its organization, method of operation, and rules of conduct for practice before it.
Enforcement
Process by which agencies determine whether their rules have been violated.
Adjudication
Formal methods by which an agency resolves disputes.
Judicial review
Acts as a control or check by a court on a particular rule or order of an administrative agency.
Legislative control
Includes control over the agency’s budget and enabling statute.
Executive branch control
Includes the President’s power to appoint members of the agency.
Disclosure of information
Congressionally required public disclosure enhances oversight of agency activities.
Administrative agency
Government entity (other than a court or legislature) having authority to affect the rights of private parties.
E.g. telecommunications, national safety, welfare, elections, lawn Forssman, environmental protection, consumer protection, regulation of transportation, labor relations, trade, commerce, security markets, as well as with providing health and social services.
Administrative process
Entire set of activities engaged in by administrative agencies while carrying out their rule making, enforcement, and adjudicative functions.
Rule
Agency statement of general or particular applicability designed to implement, interpret, or process law or policy.
Order
A final disposition made by an agency.
