Chapter 20: Administrative Law

Question 1

Administrative Law

Answer 1

Body of law created by administrative agencies, to carry out specific duties and responsibilities.

Question 2

Administrative Agency

Answer 2

Federal, state, local agency created by legislature to perform specific function

Question 3

Enabling Legislation

Answer 3

Statute permitting the creation of administrative agencies

Includes the name, composition, purpose, and powers of agency.

Question 4

Legislative Rule

Answer 4

Law passed by an administrative agency that holds the statutory authority/weight of a legislatively enacted statute.

Question 5

Delegation Doctrine

Answer 5

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.

Question 6

Bureaucracy

Answer 6

Organizational structure consisting of…
- the govt.
- bureaus
- administrative agencies
that implement and enforce law.

Question 7

Exhaustion Doctrine

Answer 7

Complaining party seeking court (judicial) review of administrative actions, must exhaust all administrative remedies before seeking judicial review.

Question 8

Administrative Procedure Act (APA)

Answer 8

sets forth rules and regulations administrative agencies must follow in performing duties.

Question 9

Arbitrary and Capricious Test (APA)

Answer 9

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.

Question 10

Administrative Process

Answer 10

Procedure for fulfilling administrative agencies three basic functions:
- rulemaking (legislative)
- enforcement (executive)
- adjudication (judicial)

Question 11

Rulemaking

Answer 11

Process of administrative agencies making new rules and regulations OR AMENDING OLD ONES.

Question 12

Notice and Comment Period (APA) (3 Stages)

Answer 12

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

Question 13

Two Types of Subpoenas:

Answer 13

1) Ad Testificandum (to testify)
2) Duces Tecum (bring it with you)

Question 14

Ad Testificandum Subpoena

Answer 14

Compels witness to appear in court to testify on behalf of defendant (at specific time and location).

Question 15

Duces Tecum Subpoena

Answer 15

Compels organization to hand over books, papers, records to agency.

Question 16

Factors court takes into account for Admin. Agency potentially abusing discretion when using subpoena:

Answer 16

1) Purpose of Investigation.

2) Relevance of information being sought.

3) Specificity of Demand for Information or Testimony being sought.

Question 17

Adjudication

Answer 17

Process wherein administrative law judge hears and decides on disputes over administrative agency regulations.

Question 18

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 _______________.

Answer 18

Settlement; attractive; uncooperative; expenses; adjudication; action; advice; solutions; problems.

Question 19

Administrative Law Judge (ALJ)
- Presides over _________________ ______________ hearing.
- Administers _______________.
- Takes _________________.
- Rules on ______________.
- Makes _______________ of ______________.

Answer 19

Administrative Agency; oaths; testimony; evidence; determinations; fact

Question 20

Judicial Deference

Answer 20

Court accepts agency’s decision during judicial review of their actions, oftentimes citing the agency’s expertise

Question 21

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 _______________.

Answer 21

Congress; dispute; statutory; Congress

silent; ambiguous; reasonable; uphold; interpretation