Exam 2 - Admin Law Terms (Ch. 19) Flashcards
Adjudication
The act of rendering a judicial decision. In an administrative process, the proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm with violating a law or regulation enforced by the agency.
Administrative Agency
A federal or state government agency established to perform a specific function. Administrative agencies are authorized by legislative acts to make and enforce rules in order to administer and enforce the acts.
Administrative Law Judge (ALJ)
One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact.
Bureaucracy
The organizational structure, consisting of government bureaus and agencies, through which the government implements and enforces the laws.
Delegation Doctrine
A doctrine based on Article I, Section 8, of the U.S. Constitution, which has been construed to allow Congress to delegate some of its power to administrative agencies to make and implement laws.
Enabling Legislation
A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, and powers of the agency being created.
Final Order
The final decision of an administrative agency on an issue. If no appeal is taken, or if the case is not reviewed or considered anew by the agency commission, the administrative law judge?s initial order becomes the final order of the agency.
Initial Order
In the context of administrative law, an agency?s disposition in a matter other than a rulemaking. An administrative law judge?s initial order becomes final unless it is appealed.
Interpretive Rule
An administrative agency rule that is simply a statement or opinion issued by the agency explaining how it interprets and intends to apply the statutes it enforces. Such rules are not binding on private individuals or organizations.
Legislative Rule
An administrative agency rule that carries the same weight as a congressionally enacted statute.
Notice-and-Comment Rulemaking
A procedure in agency rulemaking that requires notice, opportunity for comment, and a published draft of the final rule.
Rulemaking
The actions undertaken by administrative agencies when formally adopting new regulations or amending old ones. Under the Administrative Procedure Act, rulemaking includes notifying the public of proposed rules or changes and receiving and considering the public?s comments.
