Chapter 6 Flashcards
Administrative Agencies
administrative agency
a government body charged with administering and implementing legislation
an agency may be a …
a dept, and independent establishment, a commission, an administration, an authority, a board or a bureau
law governing administrative agencies
administrative law
federal administrative agencies are created to carry out …
general policies specified by Congress
examples of agencies
SEC securities exchange comission
CPSC the consumer product safety commission
FDA food drug administration
agencies have all three branches involved, t or f
t
how does the tripartite system work
judicial branch reviews actions of executive and legislative branches to ensure that they have not exceeded their const. powers
purpose of agencies , what do they do
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
is activity of the agencies open to the public
yes
administrative procedure act
federal law that establishes the operating rules for administrative agencies.
access to agencies activity is available in what 3 ways
1 open records
2 open meetings
3 public announcements of agency guidelines
FOIA ( freedom of information act)
federal law permitting citizens to request documents and records from administrative agencies, and ask any questions
can also be electronically through the electronic act
how many types of exemptions are there to not give the information under FOIA
9
there can be a reverse FOI to stop suit
FOIAs primary purpose is to…
subject agency action to public scrutiny
Sunshine act of 1976 (open meeting law)
there has to be public notice for a new administrative regulation
what is the legislative power of the agency
power to make laws and does so by promulgating regulations with public input
before an agency can begin rulemaking proceedings this must happen
it must be given jurisdiction by congressional enactment in the form of a statute
in the rulemaking process what happens after jurisdiction is given
the agency has the responsibility to research the issues and various avenues of regulation for implementing the statutory framework
Federal register
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.
public comment period is how long
30 days
after receiving public input on proposed rule, the agency can what
to pass, promulgate, or withdraw
executive power of the agency
power to execute the law and to bring proceedings against violators
