Chapter 6 Flashcards

Administrative Agencies

1
Q

administrative agency

A

a government body charged with administering and implementing legislation

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2
Q

an agency may be a …

A

a dept, and independent establishment, a commission, an administration, an authority, a board or a bureau

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3
Q

law governing administrative agencies

A

administrative law

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4
Q

federal administrative agencies are created to carry out …

A

general policies specified by Congress

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5
Q

examples of agencies

A

SEC securities exchange comission
CPSC the consumer product safety commission
FDA food drug administration

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6
Q

agencies have all three branches involved, t or f

A

t

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7
Q

how does the tripartite system work

A

judicial branch reviews actions of executive and legislative branches to ensure that they have not exceeded their const. powers

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8
Q

purpose of agencies , what do they do

A

make rules, conduct inspections to see that the rules have been or are being obeyed, and determine weather there have been a violation of their rules

becuase agencies have broad power they are subject to strict procedural rules and disclosure requirements

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9
Q

is activity of the agencies open to the public

A

yes

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10
Q

administrative procedure act

A

federal law that establishes the operating rules for administrative agencies.

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11
Q

access to agencies activity is available in what 3 ways

A

1 open records
2 open meetings
3 public announcements of agency guidelines

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12
Q

FOIA ( freedom of information act)

A

federal law permitting citizens to request documents and records from administrative agencies, and ask any questions

can also be electronically through the electronic act

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13
Q

how many types of exemptions are there to not give the information under FOIA

A

9

there can be a reverse FOI to stop suit

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14
Q

FOIAs primary purpose is to…

A

subject agency action to public scrutiny

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15
Q

Sunshine act of 1976 (open meeting law)

A

there has to be public notice for a new administrative regulation

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16
Q

what is the legislative power of the agency

A

power to make laws and does so by promulgating regulations with public input

17
Q

before an agency can begin rulemaking proceedings this must happen

A

it must be given jurisdiction by congressional enactment in the form of a statute

18
Q

in the rulemaking process what happens after jurisdiction is given

A

the agency has the responsibility to research the issues and various avenues of regulation for implementing the statutory framework

19
Q

Federal register

A

government publication issued five days a week that lists all administrative regulations, all presidential proclamations and executive orders, and other documents and classes of documents that the president or Congress direct to be published.

20
Q

public comment period is how long

A

30 days

21
Q

after receiving public input on proposed rule, the agency can what

A

to pass, promulgate, or withdraw

22
Q

executive power of the agency

A

power to execute the law and to bring proceedings against violators

23
Q
A