quiz

Question 1

Definition of Administrative law

Answer 1

• All agencies created by Congress to regulate within specific areas and those agencies are comprised of experts in the field to which the agency deals with

Question 2

What are the two ways in which agency makes law?

Answer 2

Rule-Making & adjudication

Question 3

what is rule making?

Answer 3

process to which regulations are made (the end product of rule making)

Question 4

what is adjudication?

Answer 4

process through which the agency decisions are made

Question 5

How does administrative agency fit within the Congressional branch?

Answer 5

Congress defines the scope of its power, goals & law making functions which it can do

• Agency’s scope can be broad because Congress can remove itself from the “dirty work” of implementing laws
• Congress doesn’t like to deal with implementation
• Delegates power to agency to create the regulations but likes to retain power which equals powers of the purse (budget) - Congress controls their budges

Question 6

what is the administrative procedure act?

Answer 6

• This act details how the agency could perform their rule making and adjudicated authority
• Procedural mandate

Question 7

How does administrative agency fit within the executive branch?

Answer 7

• The president appoints the people at the top to run the agency therefore, president maintains power and authority of how the agency is ran
• There are agency that are wholly independent of the executives such as the federal election commission

Question 8

How does administrative agency fit within the judicial branch?

Answer 8

• Court’s authority to review the agency
• Constitutionality – Are the agency acting within their authority or if the agency makes regulations/adjudication – the court can see if it is supported factually
• Ct generally highly deferential

Question 9

What are the three types of administrative regulations?

Answer 9

1. Legislative (substantive) regulations
2. (Non-legislative) Interpretive regulations
3. Procedural Regulations

Question 10

What is legislative regulations? Give an example

Answer 10

this is when the agency makes its rules and the laws pursuant to its power given to it under the neighboring statute
- This is binding as law
- If you are doing research in a field that is regulated, you must know this
- It is the legislature that has given the agency the power to regulate/to adopt this regulation. This is the legislative regulation.
Eg. Regulations FDA passes

Question 11

What is Interpretive Regulation?

Answer 11

issued by the agency about HOW the agency has decided to interpret the enabling statute

Question 12

What is Procedural Regulation?

Answer 12

the agency can set out the rules of how to engage in rule making and adjudication

Question 13

Why do agencies create a regulation?

Answer 13

o To increase their budget –
o A lot of the agencies act under public pressure
o Industry pressure in the form of lobbyist
o Agency has identified its own area of concern

Question 14

what kind of experts do an agency staff?

Answer 14

lawyers, doctors, scientists

Question 15

what are the two processes that the regulation can be created?

Answer 15

Notice & Comment Rule Making & Formal Rule Making.

Question 16

Explain notice & comment rule making

Answer 16

Most prominent/ first and primary
• The agency will give notice to the public and its intent to regulate something and will solicit comments from the public in different forms – written or ask people to testify about the proposed regulation
• After getting the information, the agency MAY hold a hearing
• After the agency makes a decision – the gov’t can decide whether to go through ??
• The final form of the regulation will first be published in the register and then when it is final, it will go to the code
• Within the federal gov’t this is usually done through publication
• Then it will be codified to C.F.R.

Question 17

Explain formal rule making

Answer 17

this is very similar to a trial type process
• A hearing where there is testimony, review evidence and then at the end, there is a written opinion – just as judicial cases, the written opinion is supported by the facts and the law
• And if cannot be justified, subject to reversal by court

Question 18

Where do regulations appear?

Answer 18

Federal Register & CFR

Question 19

Explain the federal register

Answer 19

a publication database that lists proposed and adopted regulations. It is in chronological order, it is not topical

Question 20

Explain the CFR

Answer 20

code of federal regulations
o The final regulations
o So if the federal register is the proposed and adopted…it is the final regulations
o it is organized by subject matter
o it is very similar to the United States code - usually the titles will match → if you look for Title 8 – it is Aliens and Nationality – if you then go to the US Code, it will also match

Question 21

Explain the process of agency decisions

Answer 21

• Formal: Usually there is an individual or group that has been wronged and it files a complaint with the appropriate agency. If the agency aggress, it can act in a quasi-prosecutor form (the agency can say Yes) or a claims administrator or social security administration. If the adjudication is in order –
• it can take one or two forms: 1) a trial (discovery, evidence, motions, etc); 2) a hybrid version – there is a hearing officer (aka ALJ – administrative law judge) that will conduct the hearing and will take evidence. The hearing officer will make formal findings and make a recommendation to the people up the ladder as to what should be happening in this case. This is the formal agency decision making.

There is also informal - opinion letters
- ct are extremely deferential to agency b/c the agency is filled with experts and therefore, they are better at handling the problem. However, if agency abuses its discretion then the Court will overturn the decisions.

Question 22

Where can you find agency decisions?

Answer 22

mini-libraries or looseleafs services

Question 23

who creates the looseleafs services?

Answer 23

commercial publisher