Term
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Definition
| A government body charged with administering and implementing legislation |
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Term
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Definition
| The law governing federal administrative agencies (i.e. SEC, FDA, etc.) |
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Term
| Are members of administrative agencies elected or appointed? |
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Definition
| Appointed (in the case of federal agencies, by the president with consent of the Senate) |
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Term
| Administrative Procedure Act (APA) |
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Definition
| Controls the actions and activities of most federal agencies that are not otherwise regulated |
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Term
| Freedom of Information Act (FOIA) |
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Definition
| Information in records of federal administrative agencies is available to citizens upon proper request |
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Term
| What is the primary purpose of the Freedom of Information Act? |
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Definition
| To subject agency action to public scrutiny |
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Term
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Definition
| Requires most meetings of major administrative agencies to be open to the public |
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Term
| What is the purpose of sunshine laws? |
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Definition
| To let the public know what actions agencies are taking and to prevent administrative misconduct |
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Term
| What is the modern approach to considering agencies' regulations as law? |
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Definition
| To regard the administrative agency as holding all powers necessary to effectively perform the duties entrusted to it |
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Term
| What is the process of an agency's adoption of regulations? |
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Definition
1. The agency must be given jurisdiction by congressional enactment in the form of a statute
2. The agency then has to research the issues and how to implement the statutory framework
3. The agency proposes regulations
4. The agency holds a public comment period
5. The agency then decides to pass, amend, or withdraw the rule |
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Term
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Definition
| Requires that proposed administrative regulation be published in the Federal Register |
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Term
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Definition
| A government publication that lists all administrative regulations, all presidential proclamations and executive orders, and other documents directed to be published |
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Term
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Definition
| Time (at least 30 days unless an emergency) following the publication of proposed rules where the public can provide input on the proposed rules |
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Term
| What powers does an agency have to enforce its laws? |
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Definition
An agency has the power to:
1. Investigate
2. To require persons to appear as witnesses
3. To require witnesses to produce relevant papers and records
4. To bring proceedings against those who violate the law |
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Term
| True or false: a warrantless search can be made of the premises of a highly regulated business (liquor, firearms, etc.) if the danger of concealment is great? |
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Definition
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Term
| Is a search warrant required when the subject matter can be seen from a public place? |
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Definition
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Term
| True or false: the constitutional guarantee against unreasonable searches and seizures affords a lot of protection for papers and records being investigated by an agency? |
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Definition
| False--ex: a subpoena to testify or produce records does not qualify as a search or siezure |
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Term
| How can an agency ensure that a person or business is obeying the law? |
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Definition
| The agency can conduct a compliance verification and request proof of compliance through an investigation or by requiring the person/business to file special reports |
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Term
| True or false: an agency may be given power to sit as a court and to determine whether any violations of the law or of agency regulations have occurred. |
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Definition
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Term
| What is the process of an agency's enforcement of law/regulation? |
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Definition
1. A private individual, company, or agency files a written complaint alleging some violation of law or regulation that is within the agency's jurisdiction
2. The complaint is served
3. The agency holds a hearing and either decides to dismiss the complaint or provides another resolution |
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Term
| What are the differences between a court hearing and an agency hearing? |
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Definition
1. There is no right of trial by jury before an agency
2. An agency hearing is ordinarily no subject to the rules of evidence
3. An agency may be authorized to make an initial determination without holding a hearing (except in the case of individuals where there MUST be a hearing) |
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Term
| True or false: the burden of proof and the cost of going forward falls on the party objecting to an agency initial determination of a case. |
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Definition
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Term
| Informal settlements / consent decrees |
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Definition
| Informal devices used to cut across established procedures; these are alternative means of dispute resolution that save time and money |
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Term
| What can agencies give as punishment? |
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Definition
| Agencies can impose penalties and/or issue orders (i.e. a cease and desist order) that are binding on a regulated party unless an appeal is taken to a court |
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Term
| True or false: a party can appeal before an agency has made a final decision. |
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Definition
| False--as long as an agency is acting within the scope of its authority or jurisdiction, a party cannot appeal before the agency has made a final decision |
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Term
| What are exceptions to the exhaustion-of-administrative-remedies? (the rule that parties must exhaust all administrative remedies before they are able to go to court or make an appeal) |
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Definition
1. There are no available remedies that provide no genuine opportunity for adequate relief
2. There is irreparable injury that could occur if immediate judicial relief is not provided
3. An appeal to the administrative agency would be useless
4. There is a substantial constitutional question that the plaintiff has raised |
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Term
| True or false: if the procedure that an agency is to follow is specified by law, a decision of the agency that was made without following that procedure will be set aside and the matter sent back to the agency to proceed according to the required law. |
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Definition
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Term
| In what situations will a court accept an agency's decision? |
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Definition
1. When the agency's interpretation is reasonable, even though it is not the only interpretation that could have been made
2. In controversies of fact and/or law, only when the agency's decision is supported by substantial evidence |
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Term
| True or false: courts will only overturn an agency's decision if the agency has clearly acted wrongly, arbitrarily, or capriciously. |
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Definition
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Term
| True or false: agencies are liable for the the damages/losses they cause to a business or from making a decision that is later shown to be harmful to the economy. |
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Definition
| False--an agency is not liable for such loss when it has acted in good faith in the exercise of discretionary powers |
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