General: Administrative Process Flashcards
Central constitution principle separation of powers (both F and S)
Executive branch
Agencies exercising limited or specialized quasi-legislative and quasi-judicial functions
Specifically, admin agencies that make rules and regulations which have the force of law (that is the quasi part) that they adjudicate disputes involving enforcement of those rules and regulations (q-j part).
Lesser legislature and subject to elected legislature
Subject to court decisions
Federal Administrative Procedure Act
Uniform Laws Commissions and Model State Administrative Procedure Act
Admin Agency requires a delegation of legislative power from the legislature
Agencies can make rules and regulations .. speciality.
i.e. department of agriculture over weights and measures
Rules on scales for grocery store cash registers, pumps used in gas stations
Only within that jurisdiction
Regulatory language
Introduction of the idea
Notice to the public of proposed regulation
Public comments considered
Changes are made or not
Proposed rules & regulations are published
Become enforceable
But lessor so if elected bodies make different rule that overrides
Agencies have discretion to the design of their adjudication process
Hearing Officer / Administrative Law Judge
When the decision is done, you can still appeal to the court
Before you can do that you have to go through the adjudication process of the agency
