Ch. 4 Terms

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.

subpoena

an order to appear at a particular time an place to provide testimony.

Administrative Procedures Act (APA)

federal legislation that places limitations on how agencies are run and contains very specific guidelines on rule making by agencies. Passed in 1946.

Four basic limits on agency power:

political, statutory, judicial, and informational. Agency power is limited by the Freedom of Information Act (FOIA), the Government in Sunshine Act, and the Privacy Act of 1974.

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

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. Also known as notice-and-comment rule making.

reg-neg

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

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 agencies

Any government body created by the legislative branch to carry out specific duties. (bodies of the city, county, state, or federal government), involving applications, licenses, permits, available information, hearings, appeals, and decision making. i.e. Congress, a state legislature, or a city council.

Adjunction

Enabling statutes delegate judicial power to agencies to settle or adjudicate individual disputes that an agency may have with businesses or individuals.

Rule making

Enabling statutes permit administrative agencies to issue rules that control individual and business behavior. These rules have the same effect as laws. If an individual or business fails to comply with agency rules, there are often civil, as well as criminal, penalties. Agencies may enact three types of rules: procedural, interpretive, and legislative.

Administrative Law

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

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

Hybrid agencies

an agency that has characteristics of both executive and independent agencies

Independant agency

an agency that is typically not located within a government department. It is governed by a board of commissioners, who are a-pointed by the president with the advice and consent of the Senate.

Interstate Commerce Commission

the first federal administrative agency; created to regulate the anticompetitive conduct of railroads. Created by Congress near the end of the nineteenth century.

Federal Register

the official daily publication for rules, proposed rules, and notices of federal agencies and organizations, as well as executive orders and other presidential documents. First step of formal rule making.