Business Law chapter 6
legislative rules
An administrative Agency rule that affects substantive legal rights and carries the same weight as a congressionally enactes statue. (substantive rule)
Federal Register
a daily publication of the executive branch that prints government orders, rules, and regulations.
ripeness doctrine
a court will not review an adminsitrative agency's decision until it is not ripe for review. (this is if the parties can demonstrate that they have met certain requirements--> standing to sue, there must be an actual controversy)
enabling legislation
a statue enacted by congress that authorizes the creation of an administrative agency adn specifies the name, composition, purpose, and powers of the agency being created
interpretive rules
an administrative agency rule that simply declares a policy or explains the agency's postition and does not establish any legal rights or obligations
notice and comment rule
an administrative agency rulemaking procedure that involves th epublication of a notice of a proposed rulemaking in the Federal Register, a comment period for interested parties to express their views on the proposed rule, and the publication of the agency's final rule in the Federal Register
delegation doctrine
an article based on article I Section 8 of the US Constitution, which has been construed to allow Congress to delegate some of its power 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 autority
ad testificandum
an ordinary subpoena. a writ, order compelling a witness to appear at an agency hearing
initial order
in the context of administrative law, an agency's disposition in a matter other than a rule making. this becomes final unless it is appealed.
administrative law judge
one who presides over an administrative agency hearing and who has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact
final order
the final decision of an admninistrative agency on an issue. if no appeal is takenm or if the case is not reviewed or considered by the agency commission, the administrative law judge's initial order becomes the final order of the agency.
exhaustion doctrine
the party seeking court review must first exhaust all of his or hers administrative remedies under this. (they need to go through the administrative process before seeking court review)
adjudication
the process of resolving a dispute by presenting evidence and arguments before a neutral tird party decision maker in a court or an administrative law proceeding
rulemaking
the process undertaken by an administrative agency when formally adopting a new regulation or amending an old one. it involves notifying the public of a proposed rule or change and recieveing andconsidering the public's comments
duces tecum
the subpoena that compels and individual or organization to hand over the books, papers, record, or documents to the agency
Code of Federal Regulations
were the final rules are complies along with the rules and regulations of other federal administrative agencies