chapter 4: administrative law

order

A binding decision rendered by a judge.

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.

consent order

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

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.

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.

hybrid agencies

An agency that has characteristics of both executive and independent agencies.

Excecutive Agencies

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.

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.

administrative agencies

Any government body created by the legislative branch (e.g., Congress, a state legislature, or a city council) to carry out specific duties.

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.

administrative procedures act (APA)

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

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."

administrative law

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

Interstate Commerce Commission

The first federal administrative agency; created to regulate the anticompetitive conduct of railroads.

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.