Test 2 - Admin law to Artibrary & Capricious behavior Flashcards
This is known as the “4th branch of government”
Administrative (law)
What are the steps in the administrative process once a problem or issue arises that needs some form of regulation?
- Organic statute is passed that sets up the agency & gives it its mandates
- Agency engages in “rule making”
- Enforcement
- Adjudication
- Sanctions/Penalties
What is meant by “enabling legislation”?
The organic statute is passed (step 1 in admin. process and then 1) an agency is set up and 2) it is given a set of responsibilities (“mandates”)
What are the 3 types of enforcement that can be used by an admin. agency?
1) Fines
2) Injunction
3) Cease & desist
What is significant about the adjudication process by an admin. agency?
it is a “mini trial” w/o formal rules & evidence
Sanctions and penalties, much like “Enforcement” can include (3 things)
fines, injunction, and/or cease & desist
What is meant by “exhaustion of admin. remedies”?
All of the administrative remedies (those in the admin. process) should be used before court/trial, otherwise they may not be seen by a court or thrown out
Define: Informal rule making
This type of rule-making involves notice and comment, where an opportunity is provided for all interested parties to submit written comments after publishing the proposed rule in the Federal Register.
Why is informal rule making more often used than formal rule making?
It’s more efficient for the agency in time and cost
Define: Formal rule making
Type of rule making that involved a notice of proposed rule in Federal Register and a public hearing.
What is the role of the federal register?
It is a place where all proposed and final laws are put for public and court review/access
What are the 2 options disgruntled parties have when they are not happy with an admin agency law (re: judicial review)?
1) bring an action in the fed. district court to have the law invalidated
2) ignore the law
Name for reasons why a disgruntled businesses/groups/individuals can prove a rule invalid?
1) too vague & didn’t properly limit the agency’s actions in any way
2) action violates a constitutional standard
3) act was beyond the scope of power granted to it by Congress in its enabling legislation (also known as ultra vires)
4) agency didn’t follow the proper procedures for promulgating the rule
What is meant by ultra vires?
the agency went outside its grant of authority which is give in its organic statute; makes court overturn if this happens
Where do “compliance and corrective orders” come from and what do they mean?
They come from adjudication
Compliance = “contract that both parties agree to.”
Corrective orders = “one-way communication; ‘you shall do THIS.’”
