business law chapter 23

delegation doctrine

a doctrine of US Constitution, which has been construed to allow Congress to delegate some of its powers to make and implement laws to administrative agencies. the delegation is considered to be proper as long as Congress sets standards outlining the scope of the agency's authority.

bureaucracy

a large organization that is structured hierarchically to carry out specific functions

interpretive rule

a nonbinding rule or policy statement issued by an administrative agency that explains how it interprets and intends to apply the statutes it enforces

enabling legislation

a statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency being created

legislative rule

an administrative agency rule that carries the same weight as a congressionally enacted statute.

notice-and-comment rulemaking

an administrative rule-making procedure that involves the publication of a notice of a proposed rule-making in the Federal Register

administrative agency

federal or state government agency created by the legislative to perform a specific function, such as to make and enforce rules pertaining to the environment.

exhaustion doctrine

in administrative law, the principle that a complaining party normally must have exhausted all available administrative remedies before seeking judicial review

initial order

in the context of administrative law, an agency's disposition in a matter other than rule making. an administrative law judge's initial order becomes final unless appealed.

administrative judge law

one who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rules on questions of evidence, and make determinations of fact.

administrative process

procedure used by administrative agencies in fulfilling their three basic functions: rulemaking, enforcement, and adjudication

final order

the final decision of an administrative agency on an issue. if no appeal is taken, or if the case is not reviewed or considered anew by the agency commission, the administrative law judge's initial order becomes the final order of the agency.

rulemaking

the process by which an administrative agency formally adopts a new regulation or amends an old one.

adjudication

the process of resolving a dispute by presenting evidence and arguments before a neutral third party decision maker in court or in an administrative law proceeding