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BLS 342
Chapter 44 Administrative Law
18
Business
Undergraduate 3
10/07/2010

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Term
Administrative Law
Definition
substantive and procedural rules created by administrative agencies involving applications, licenses, permits, available information, hearings, appeals, and decision making
Term
Administrative Agencies
Definition
government bodies of the city, county, state, or federal government; any body created by the legislative branch to carry out specific duties
Term
"fourth branch of government"
Definition
role of administrative agencies to have legislative, executive, and judicial powers
Term
Interstate Commerce Commission (ICC)
Definition
first administrative agency, created near end of 19th century; regulated passenger freight transportation
Term
enabling legislation
Definition
statute that specifies the name, functions, and specific powers of the administrative agency; administrative agencies are created by congress through the passage of ____
Term
subpoena
Definition
an order to appear at a particular time and place and provide testimony
Term
supeona duces tecum
Definition
an order to appear and bring specified documents
Term
executive agencies
Definition
cabinet-level agencies; heads are appointed by the president with the advice and consent of the US Senate and can be discharged by the president at any time and for any reason; broad authority; social regulation
Term
Independent Agencies
Definition
governed by a board of commissioners, one of whom is the chair; president appoints commissioners with he advice and consent of the US Senate; commissioners serve fixed terms and cannot be removed except for cause; narrow authority; economic regulation
Term
hybrid agencies
Definition
agencies that don't fall under one classification
Term
Administrative Procedures Act (APA)
Definition
passed in 1946--placed limitations on how agencies are run
Term
Informal Rule Making; Notice-and-comment rule making
Definition
1. agency drafts a rule in consultation with interested parties
2. proposed rule is published in Federal Register
3. Interested parties can file written comments on the written draft within a 30-day period from publication in the Federal Register
4. Final draft of the rule is published in the Federal Register 30 days before it takes effect. A statement of its purpose and cost-benefit analysis must accompany its publication
5. Agency receives feedback from interested parties during the 30-day period and makes a decision on whether the final draft should be rewritten, If not, it becomes law
Term
Formal Rule Making
Definition
when enabling a statute or other legislation requires that all regulations or rules be enacted by an agency as part of a formal hearing process that includes a complete transcript
Term
Hybrid Rule Making
Definition
an attempt to combine the best features of both formal and informal rule making
Term
interpretive rule
Definition
rule that does not create any new rights or duties but is merely a detailed statement of the agency's interpretation of an existing law
Term
Policy Statements
Definition
general statements about directions in which any agency intends to proceed with respect to its rule-making or enforcement activities
Term
Freedom of Information Act (FOIA)
Definition
passed in 1966--requires that federal agencies publish in the Federal Register places where the public can get information from the agency
Term
Limitations on Agency Powers
Definition
Political, Statutory, Judicial, Informational
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