Chapter 4- Admin Law

interpretive rules

rules that explain how the agency views the meaning of the statutes for which the agency has administrative responsibility

Interstate Commerce Commission

the first federal administrative agency; created to regulate the anti-competitive conduct of the railroads

policy statement

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

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.

interpretive rule

A rule that does not create any new rights or duties but is merely a detailed statement of an agency's interpretation of an existing law, including the actions a party is to take to be in compliance with the law.

Enabling Legislation

A statute 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 rule in the Federal Register, considers public comments, and then publishes the final rule. Also called notice-and-comment rule making.

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 publication of the final rule if adopted.

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 president with the advice and consent of the Senate.

administrative agency

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

administrative procedures act

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

Freedom of Information Act (FOIA)

Federal legislation that mandates and facilitates public access to government information and records, including records about oneself. Sensitive information (e.g., on national security) is excluded.

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 preponderance" and consists of "such relevant evidence as a reasonable person would accept as adequate to support a conclusion."

Informational limits on agency powers

The Freedom of Information Act, Government in Sunshine Act, and Privacy Act of 1974 specify agencies responsibilities regarding public access to information

Administrative law

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

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.

Political limits on agency powers

The senate must approve agency heads; Congress has powers over agency budgets.

political, statutory, judicial, and informational

What are the four basic limits on agency power?

Formal

What kind of rule making is a formal record?

Formal and hybrid (limited)

What kind of rule making is oral testimony and cross-examination?

Formal, informal, and hybrid

What kind of rule making is proposed in the Federal Register?

Formal, informal, and hybrid

What kind of rule making is proposed in written comments from the public and interested parties?

Formal, informal, and hybrid

What kind of rule making is publication of final rule in Federal Register?

Formal and hybrid

What type of rule making is a public hearing?

order

a binding decision rendered by a judge

consent order

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

reg-neg

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

hybrid agency

an agency that has characteristics of both executive and independent agencies

independent agencies

an agency that is typically not 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.

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

Statutory limits on agency powers

congress may create or eliminate agencies and amend enabling legislation; congress reviews and may override agency rules

Judicial limits on agency powers

interested parties may challenge administrative rules in the courts, which may review the agency's finding of facts, its interpretation of the rule, and the scope of the agency's power in making the rule

legislative rules

policy expressions that have the effect of law

Procedural rules

rules issued by an administrative agency establishing its organization, method of operation, and rules of conduct for practice before it