Chapter 5: ADMINISTRATIVE LAW

Question 1

Administrative Law

Answer 1

body of law concerned w the power of ad agencies.

• law governing agency process and procedure
• law that agencies create and apply

Question 2

administration agency

Answer 2

• sub-branches of executive branch of fed, state, local gov.
• 2 categpories:
• —executive dep
• —independent administrative agencies
• power is exercised through
• —-Rulemaking
• —-Investigation
• —-Enforcement

Question 3

executive dep

Answer 3

ad body headed by 1 person

Question 4

independent administrative agencies

Answer 4

an ad body empowered to regulate some policy area led by officials who cannot be dismissed by the president except for good cause.

Question 5

Limits on Agency Power

Answer 5

POLITICAL CONTROL: President & Congress’s most crucial power is BUDGET PROCESS
CONSTITUTIONAL GUARANTEES
PUBLIC ACCOUNTABILITY

Question 6

Freedom of Information Act (FOIA)

Answer 6

A fed law require fed gov to disclose most public records to any person on request

Question 7

sunshine act

Answer 7

most meetings of fed agencies be open for public

Question 8

regulatory flexibility act

Answer 8

require fed agencies to consider the effects of their regulatory actions on small business to minimize any undue disproportionate burden

Question 9

judicial review

Answer 9

power of court to review ad agency action

Question 10

de novo review - new proceeding

Answer 10

a complete reevaluation of an issue, finding, or case as if the original decision had never been made
Granted if:
- a review if required by statue
- the agency’s fact-finding proceeding was inadequate
-new facts not heard in original proceeding are to be raised.