BLAW-CH 19

Delegation Doctrine

A doctrine based on Article I, Section 8, of the U.S. Constitution, which has been construed to allow Congress to delegate some of its power to administrative agencies to make and implement laws.

Administrative Agency

A federal or state government organization established to perform a specific function. It is authorized by legislative acts to make and enforce rules in order to administer and enforce the acts.

Notice-and-Comment Rulemaking

A procedure in agency rulemaking that requires notice, opportunity for comment, and a published draft of the final rule.

Enabling Legislation

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

Quasi

Almost

Legislative Rule

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

Interpretive Rule

An administrative agency rule that is simply a statement or opinion issued by the agency explaining how it interprets and intends to apply the statutes it enforces. Such rules are not binding on private individuals or organizations.

True or False: After an agency adjudication, the administrative law judge's order must be appealed to become final

False

True or False: Agency rules are not as legally binding as the laws that Congress enacts

False

True or False: An agency cannot conduct a search with a warrant

False

True or False: Congress has no power to influence agency policy

False

Initial Order

In the context of administrative law, an agency's disposition in a matter other than a rulemaking. Becomes final unless it is appealed.

Administrative Law Judge (ALJ)

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

Adjudication

The act of rendering a judicial decision. In an administrative process, the proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm with violating a law or regulation enforced by the agency.

Rulemaking

The actions undertaken by administrative agencies when formally adopting new regulations or amending old ones. Under the Administrative Procedure Act, rulemaking includes notifying the public of proposed rules or changes and receiving and considering the public's comments.

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.

Bureaucracy

The organizational structure, consisting of government bureaus and agencies, through which the government implements and enforces the laws.

True or False: Courts generally defer to an agency's findings on facts within the area of its expertise

True

True or False: Enabling legislation specifies the powers of an agency

True

True or False: Most federal agencies are part of the executive branch of government

True

True or False: The Administrative Procedure Act provides for judicial review of most agency actions

True

True or False: To create an agency, Congress enacts enabling legislation

True

True or False: When a new regulation will have a significant impact on a substantial number of small entities, an analysis must be conducted to measure the cost imposed on small businesses

True

With Contract

wrongful interference (business tort)