Chapter 6-Administrative Agencies

What are the exceptions to the exhaustion-of-administrative remedies

1.) available remedies that provide no genuine opportunity for adequate relief 2.) irreparable injury that could occur if immediate judicial relief is not provided 3.) an appeal to the administrative agency that would be useless 4.) substantial constitutional question that the plaintiff has raised

Name the three ways the public has ready access to the activity of administrative agencies

1.) open records 2.) open meetings 3.) public announcement of agency guidelines

The Sunshine Act of 1976 applies to what?

Applies to those meetings involving "deliberations" of the agency or those that "result in the joint conduct or disposition of official agency business."

One example of a federal agency

Federal Trade Commission (FTC)

Name the federal agencies

Securities Exchange Commission (SEC); Consumer Product Safety Commission (CPSC); & the Food and Drug Administration (FDA)

What act is the opening meeting law under?

The Sunshine Act of 1976

What is the primary purpose of FOIA?

The primary purpose of this statue is "to ensure that government activities be opened to the sharp eye of public scrutiny."

Freedom of Information Act (FOIA)

federal law permitting citizens to request documents and records from administrative agencies

Federal Register Act

federal law requiring agencies to make public disclosure of proposed rules, passed rules, and activities

Administrative Procedure Act (APA)

federal law that establishes the operating rules for administrative agencies

Administrative agency

government body charged with administering and implementing legislation

Federal Register

government publication issued 5 days a week that lists all administrative regulations all presidential proclamations and executive orders, and other documents and classes of documents that the president or Congress direct to be published

consent decrees

informal settlements of enforcement actions brought by agencies

penalty

issue orders that are binding on a regulated party unless an appeal is taken to a court, which reverses the administrative decision

Administrative law

law governing administrative agencies

opening meeting law

law that requires advance notice of agency meeting and public access

informal settlements

negotiated disposition of a matter before an administrative agency, generally without public sanctions

cease-and-desist order

order issued by a court or administrative agency to stop a practice that it decides is improper

exhaustion of administrative remedies

requirement that an agency make its final decision before the parties can go to court