Business Law- Chapter 3: Administrative Law

Order

A binding decision rendered by a judge.

Policy Statement

A general statement about the directions on which an agency intents to proceed with respect to its rule-making or enforcement activities; has no binding impact on anybody.

Administrative Law Judge (ALJ)

A judge who presides over an administrative hearing; may attempt to get the parties to settle but has the power to issue a binding decision.

Consent Order

A statement in which a company agrees to stop disputed behavior but does not admit that it broke the law.

Enabling Legislation

A statue that specifies the name, functions and specific powers of an administrative agency and grants the agency broad powers for the purpose of serving the public interest, convenience and necessity.

Informal Rule Making

A type of rule making in which an agency publishes a proposed rile in the Federal Register, considers public comments and then publishes he final rule. Also called notice-and-comment rule making.

Reg-Neg

A type of rule making in which representatives of concerned interest groups and of the involved government agency participate in mediated bargaining sessions to reach an agreement, which is forwarded to the agency.

Hybrid Rule Making

A type of rule making that combines features of formal and informal rule making, consists of publication in the Federal Register, a written-comment period and an informal public hearing with restricted cross-examination.

Formal Rule Making

A type of rule making that is used when legislation requires a formal hearing process with a complete transcript; consists of publication of the proposed rule in the Federal Register, a public hearing, publication of formal findings and the publication of the final rule if adopted.

Hybrid Agency

An agency that has characteristics of both executive and independent agencies.

Independent Agency

An agency that is not typically located within a government department. It is governed by a board of commissioners, who are appointed by the president with the advice and consent of the senate.

Executive Agency

An agency that is typically located within the executive branch, under one of the cabinet-level departments. The agency head is appointed by the prisoned with the advice and consent of the Senate.

Subpoena Duces Tecum

An order to appear and bring specified documents.

Subpoena

An order to appear at a particular time and place and provide testimony.

Administrative Agency

Any government body created by the legislative branch to carry out specific duties.

Freedom of Information Act (FOIA)

Federal legislation that mandates and facilitates public access to government information and records, including records about oneself. Sensitive information is excluded.

Administrative Procedures Act (APA)

Federal legislation that places limitations on how agencies are run and contains very specific guidelines on rule making by agencies.

Substantial Evidence

Refers to evidence that a reasonable mind could accept as adequate to support a conclusion. It is defined as more than a scintilla but less than a preponderance and consists of such relevant evidence as a reasonable person would accept as adequate to support s conclusion.

Administrative Law

The collection of rules and decisions made by administrative agencies to fill in particular details missing from constitutions and statues.

Interstate Commerce Commission (ICC)

The first federal administrative agency; created to regulate the anticompetitive conduct of railroads.

Federal Register

The government publication in which an agency publishes each proposed rule, along with an explanation of the legal authority for issuing the rule and a description of how the public can participate in the rule-making process, and later publishes the final rule.