Chapter Nineteen

Question 1

Enabling Legislation

Answer 1

A statute enacted by Congress that authorizes the creation of an adminstrative agency and specifies the name, composition, and powers of the agency being created

Question 2

Legislative rule

Answer 2

An adminstrative agency rule that carries the same weight as a congressionally enacted statute

Question 3

interpretive rule

Answer 3

an adminstrative agency rule that is simply a statement or opinion issued by the agency explaining how it intreprets and intends to apply the statutes it enforces. Such rules are not binding on private individuals or organizations

Question 4

Delegation doctrine

Answer 4

A doctrine based on article I, section 8, of the US constitution, which has been construed to allow congress to delegate some of its power to adminstrative agencies to make and implement laws

Question 5

Bureaucracy

Answer 5

The organizational structure, consisting of government bureaus and agencies, through which the government implements and enforces the laws.

Question 6

Rule making

Answer 6

the actions undertaken by adminstrative agencies when formally adopting new regulations or amending old ones. Under the administrative procedure act, rulemaking includes notifying the public of propsed rules or changes and receveing and considering the pbulic’s comments.

Question 7

notice- and- comment rule making

Answer 7

a procedure in agency rulemaking that requires notice, opportunity for comment, and a published draft of the final rule.

Question 8

Adjudication

Answer 8

The act of rendering a judicial decision. in an adminstrative process, the procceding in which an adminstrative law judge hears and decides issues that arise when an adminstrative agency charges a person or a firm with violating a law or regulation enforced by the agency.

Question 9

Adminstrative law judge (ALJ)

Answer 9

One who presides over an adminstrative agency hearing and ahs the power to adminster oaths, take testimony, rule on question of evidence, and make determinations of fact. q

Question 10

Initial order

Answer 10

in the context of adminstrative law, an agency’s diposition in a matter other than a rulemaking. An adminstrative Law Judge’s initial order becomes final unless it is appealed

Question 11

Final order

Answer 11

the final decision of an adminstrative agency on an issue. if no appeal is taken, or if the case is not reviewed or considered a new by the agency commission, the adminstrative law judge’s intial order becomes the final order of the agency.

Question 12

Administrative Law

Answer 12

Legal rules that define the authority and structure of adminstrative agencies create “the detailed rules and regulations necessary to carryout the statute.”

Question 13

Enabling Statute

Answer 13

A law passed by congress (or by a state legislature) that creates an administrative agency; federal administrative agencies may exercise only those powers that congress had delegated to them in enabling legislation.

Question 14

formal rulemaking

Answer 14

1. may be required by enabling legislation 2. publish in federal register 3. formal hearing for comment process.

Question 15

administrative Formal rulemaking notes

Answer 15

rulemaking-on record (public hearing

Question 16

adminstrative infromal rulemaking

Answer 16

notice and comment

Question 17

how do adminstrative rules get made

Answer 17

administrative procedures act (APA) dictates process to be followed depending on the type of agency rules.

Question 18

Limits on agency power

Answer 18

• legislative control
• executive control
• judicial control
• public accountability

Question 19

Limits on agency power legislative control

Answer 19

• the enabling legislation that created the agency places controls on it through requirements and restritctions
• congress controls the budgets of agencies. They can eliminate funding for any program or an entire agency; the “freezing” of regulations” before the regulations take effect”
• congress can amend enabling legislation to place limits

Question 20

Limits on agency power: execuitive control

Answer 20

-the president has control over agencies through poitical pressure through nominations of agency heads.

Question 21

Limits on agency power: judicial controls

Answer 21

-judicial review of final agency actions/after exhaustion of adminstrative remedies

Question 22

Limits on agency power: public accountability

Answer 22

• The freedom of information act (FOIA)
• Government-in-the-sunshine act (Open law meetings)
• Regulatory flexibility act
• Small business regulatory enforcement fairness act

Question 23

Powers of agencies: procedures for ajudication

Answer 23

• a hearing before an adminstrative law judge (ALJ)
• parties have counsel, but there is no jury
• judge (ALJ) makes initial ruling on testimony and evidence

Question 24

Power of agencies: if parties are unhappy with ALJ order

Answer 24

• loser may appeal to agency’s governing board
• governing board may make a de novo decision, and ignore the ALJ’s decision- final agency order
• appeals go to federal court.

Question 25

Powers of Agencies: Investigation

Answer 25

• Voluntary
• Subpoena
• Search and seizure
• most require a warrent before search

Question 26

Voluntary

Answer 26

some businesses freely give information and readily comply with agency recommendations

Question 27

subpoena

Answer 27

an order to appear at a hearing and produce evidence, sometimes documents

Question 28

subpoena also

Answer 28

• must be relevant to the investigation and under the agency’s jurisdiction, or area of authority
• must not be unreasonably burdensome on business
• Must not be privileged

Question 29

Search and seizure

Answer 29

a legal search of a business

Question 30

Most require a warrant before the search

Answer 30

some industries are highly regulated and may be searched at any time, with no warning. (eg mining industry, firearms, liquor sales, ect)

Question 31

Creating an adminstrative agency

Answer 31

adminstrative agencies are created to establish expertise and to exercise supervision over special problems about which congress is concerned; agencies exercies powers that are normally divided among the three branches of government.

Question 32

Congress delegatges powers to the agency

Answer 32

Delegation doctrine through an enabling statute which specifies the name, composition, purpose, fuction, and powers of the agency being created