Chapter 20: Administrative Law Flashcards
Administrative Law
Body of law created by administrative agencies, to carry out specific duties and responsibilities.
Administrative Agency
Federal, state, local agency created by legislature to perform specific function
Enabling Legislation
Statute permitting the creation of administrative agencies
Includes the name, composition, purpose, and powers of agency.
Legislative Rule
Law passed by an administrative agency that holds the statutory authority/weight of a legislatively enacted statute.
Delegation Doctrine
Doctrine based on Article 1 Section 8 (Necessary and Proper Clause)
Allows Congress to delegate some of its powers to make and implement laws to administrative agencies.
Bureaucracy
Organizational structure consisting of…
- the govt.
- bureaus
- administrative agencies
that implement and enforce law.
Exhaustion Doctrine
Complaining party seeking court (judicial) review of administrative actions, must exhaust all administrative remedies before seeking judicial review.
Administrative Procedure Act (APA)
sets forth rules and regulations administrative agencies must follow in performing duties.
Arbitrary and Capricious Test (APA)
Administrative Agencies will be held judicially accountable by court if they…
1) Failed to provide reason for decision.
2) Changed prior policy w/o justification.
3) Considered legally inappropriate factors.
4) Failed to consider relevant factors.
5) Rendered a decision that was plainly contrary to evidence.
Administrative Process
Procedure for fulfilling administrative agencies three basic functions:
- rulemaking (legislative)
- enforcement (executive)
- adjudication (judicial)
Rulemaking
Process of administrative agencies making new rules and regulations OR AMENDING OLD ONES.
Notice and Comment Period (APA) (3 Stages)
1) Notice Proposed rulemaking.
- Admin. agency publishes notice of new proposed rule on federal register (daily publication from executive branch of U.S. govt.).
2) Comment period
- people who will be affected by new admin. rule approve, disapprove, or recommend changes to rule.
3) Final Rule.
- Admin. agency accounts for public comments, makes changes to rule, then publishes final rule on federal register
Two Types of Subpoenas:
1) Ad Testificandum (to testify)
2) Duces Tecum (bring it with you)
Ad Testificandum Subpoena
Compels witness to appear in court to testify on behalf of defendant (at specific time and location).
Duces Tecum Subpoena
Compels organization to hand over books, papers, records to agency.
Factors court takes into account for Admin. Agency potentially abusing discretion when using subpoena:
1) Purpose of Investigation.
2) Relevance of information being sought.
3) Specificity of Demand for Information or Testimony being sought.
Adjudication
Process wherein administrative law judge hears and decides on disputes over administrative agency regulations.
Negotiated Settlements (Adjudication):
_________________ of legal disputes is an ________________ option to firms because 1) the firms can avoid appearing ___________________ and 2) firms can also avoid the __________________ involved with legal __________________. Agencies pour a great deal of effort into avoiding legal ______________ giving ___________ and negotiating _____________ to _______________.
Settlement; attractive; uncooperative; expenses; adjudication; action; advice; solutions; problems.
Administrative Law Judge (ALJ)
- Presides over _________________ ______________ hearing.
- Administers _______________.
- Takes _________________.
- Rules on ______________.
- Makes _______________ of ______________.
Administrative Agency; oaths; testimony; evidence; determinations; fact
Judicial Deference
Court accepts agency’s decision during judicial review of their actions, oftentimes citing the agency’s expertise
The big question of the Chevron case was whether or not courts could exercise judicial deference to an administrative agency’s interpretation of legal authority. The court answered yes, the following standards must be met though for this deference to be exercised…
Standard of Judicial Deference to Administrative Agency’s Interpretation of a Statute (following Chevron Case):
1) Did _____________ directly address the _____________ in the statute? If they did, then the ___________ language established by _______________ prevails.
2) If the statute in question is _____________ or ______________, is the agency’s interpretation of the statute _________________? If so, then the court should _____________ the agency’s _______________.
Congress; dispute; statutory; Congress
silent; ambiguous; reasonable; uphold; interpretation
