Administrative Law Chapter 5

In Camera

(Latin)In chambers; in private. A term, referring to any other judicial business conducted in the judge's office pr in the courtroom that has been cleared of spectators and certain expected parties.

De Novo Review

(Latin)Standard of review under which the reviewing body may find the facts and review all issues without deference to the lower body's findings and conclusions.

Executive

(adj)Pertaining to the administration or enforcement of the law. (n)A person who enforces the law, as distinguished from a person who makes the law or person who interprets the law.

Department of Government

1 of 3 divisions into which the constitution separates the government to the United States.

Administrative Procedure Act (APA)

A Statue enacted by congress that regulates the way in which federal Administrative agencies conduct their affairs and establishes the procedure for judicial review of the actions of federal agencies.

Fact-Finding Body

A board or body, usually of administrative agency, that empowered to make findings a fact.

Administrative Agency

A board, commission, bureau, office, or department of the executive branch of government that implements the law, which originates with the legislative branch.

Subpoena

A command in the form of written process requiring a witness to come to court to testify; short for subpoena ad testificandum.

Abuse of Discretion

A decision so grounded in whim or caprice, or against logic, that it amounts to a denial of justice,

Equal Employment Opportunity Commission (EEOC)

A federal agency whose purpose is t prevent and remedy discrimination based on race, color, religion, national origin, age, or sex with respect to most aspects of employment, including hiring, firing, promotion, and wages.

Freedom of Information Act (FOIA)

A federal statute that requires federal agencies to make available to the public, upon request, material contained in their files, as well as information on how the agencies function.

Separation of Powers

A fundamental principle of the Constitution that gives exclusive power to the legislative branch to make the law, to executive branch to administer it, and to the judicial branch to enforce it.

Administrative Hearing

A hearing before an administrative agency, as distinguished from a hearing before a court.

Declaratory Judgment

A judgment that specifies the rights of the parties but orders nothing, Nonetheless, it is a binding judgment and appropriate remedy for the determination of an actionable dispute when the plaintiff is in doubt as to his legal rights.

Advisory Opinion

A judicial interpretation of a legal question requested by the legislative or executive branch of government, or by a private individual or corporation. The opinion have no binding effect.

Statute

A law enacted by legislature; an act

Summary Judgement

A method of disposing of an action without further proceedings. A party against whom a claim is made may move for summary judgment in her favor, if there no genuine issue of any materiel fact.

Administrative Law Judge

A person, generally a civil servant, who conducts hearings held by administrative agency. An administrative law judge is variously referred to as an ALJ, a hearing examiner, or hearing officer.

Administrative Proceeding

A proceeding before an administrative agency, as distinguished from a proceeding before a court.

Hearing

A proceeding in which evidence is introduced and witnesses are examined so that findings of fact can be made and a determination rendered. A hearing may be conducted by a court, an administrative agency, an arbitrator, or a committee of the legislature, as well as by many other public bodies.

Administrative Remedy

A remedy that the law permits an administrative agency to grant.

Color of Right

A right based upon color authority, color of law, or color of office.

Substantive Due Process

A right grounded by the 5th and 14th amendments. The government may not act arbitrarily or capriciously in making interpreting, or enforcing the law.

Administrative Act

A routine act by a public official, required by law, as opposed to an act based upon a decision involving a degree of choice; a ministerial act.

License

A special privilege, not a right common to everyone.

Declaratory Statute

A statute enacted to clarify and resolve the law when the correct interpretation has been in doubt.

Enabling Act

A statute that gives the government the power to enforce other legislation, or that carries out a provision of a constitution.

Quasi-Judicial

A term applied to the adjudicatory functions of an administrative agency evidence and making findings of fact and findings of law.

Quasi-Legislative

A term applied to the legislative functions of an administrative agency, for example rulemaking

Due Process Hearing

An administrative hearing held to comply with the due process clause.

Department

An administrative unit within an organization.

Color

An apparent legal right; a seeming legal right; the mere semblance of the legal rights. Although they may also refer to activity by private persons, terms such as color of authority.

Federal Register

An official publication, printed daily, containing regulations and proposed regulations issued by administrative agencies, as well as other rule-making and other official business of executive branch of government.

Federal Agency

Any administrative agency, board, bureau, commission, corporation, or institution of federal government, usually in the executive branch of government.

Statutory Benefits

Benefits that are provided because the law requires it.

Reporters

Court reports, as well as official, published reports of cases decided by admin. agencies. Court reporters.

Adjudicatory

Decision making or equal or quasi judicial functions of admin. agency. as opposed to the judicial of a court.

Regulatory Agency

Empowered to promulgate and enforce regulations

Substantial Evidence

Evidence that a reasonable person would accept as adequate to support the conclusion or conclusions drawn from it; evidence beyond a scintilla.

Inspection Laws

Federal state, and local laws designed to promote health and safety by protecting the public from hazards such as the unsanitary processing of food, the improper packaging of articles for sale, or unsafe working conditions.

Affirm

In case of an appellate court, to uphold the decision or judgment of the lower court after the appeal.

Due Process of Law

Law administrative through courts, equally applicable to all, that does not violate principles of fairness. Whether a person has received due process of law can only be determined on a case-by-case basis. "Due Process of Law" is guaranteed by both the 5th and 14th Amendment.

Declaratory Provision

Part of a statute or ordinance that states the need that the legislation was enacted to fulfill. Declaratory provisions often begin with the word "whereas"

Regulatory

Pertaining to that which regulates; pertaining to the act of regulation.

Rate Making

Process engaged in the by public service commission in establishing a rate to be charged to the public for a public service.

Declaratory of Powers

Provisions of the Constitution by which executive powers are delegated to the executive branch of the government, legislative powers to the legislative branch, and Judicial powers to judicial branch. Delegation of constitutional power by one branch of government to another.

Official Records

Records made by an official of the government in the course of performing her official duties. Official records are admissible in the federal courts in the federal administrative proceedings, as well as in most state courts, as an exception to the hearsay rule, to prove the transactions they memorialize.

Executive Branch

Responsible for the enforcing the laws.

Judicial Review

Review by a court of a decision or ruling of administrative agency. Review by appellant court of determination by a lower court.

Hearing Officer

Same as a hearing examiner, although, in some circumstances, a hearing officer. unlike a hearing examiner, does not have the power to adjudicate,

Declaratory Relief

See declaratory judgment.

Administrative Notice

See official notice.

Rate Fixing

See rate making

Sunshine Law

State and federal statues requiring that meetings and records of admin agencies be open to the public.

COPPA

The Children's Privacy Protection Act(COPPA) has been enforced by Federal Trade Commission(FTC) since 2000 and prohibits website operators from knowing collecting personally identifiable information.

Licensing

The act or process of granting or issuing a license.

Administrative Law

The body of law that controls the way in which Administrative agencies operate. 2)Regulations and decisions issued by Administrative agencies.

Arbitrary and Capricious

The concept in administrative law that permits a court to substitute its judgment for the administrative agency's decision unreasonably ignores the law or facts of the case.

Ripeness Doctrine

The doctrine that an admin. agency or a trial court will not hear or determine a case, an appellant court will not entertain an appeal, unless an actual case or controversy exists.

Exhaustion of Remedy

The doctrine that when the law provides an administrative remedy, a party seeking relief must fully exercise that remedy before the courts will intervene.

Official Notice

The equivalent of judicial notice by an administrative agency; also referred to as administrative notice.

Licensor

The grantor of a license.

Administrative Discretion

The power to choose between course of conduct in the administration of a public office or in carrying out public duty.

Rulemaking

The promulgation by an Admin. agency of a rule having the force of law.

Privacy

The right of privacy is the right to be left alone. It means that personal information of the kind in the possession. The right to privacy, which is implied by the Constitution , is supported, and to some extent enforced , by federal and state privacy acts.

Substantial Evidence Rule

The rule that a court will uphold a decision or ruling of an admin. agency if it is supported by substantial evidence.

Hearing Examiner

The title of the person who functions as a judge with respect to administrative hearing. In some states, and in the federal system, the title administrative law judge is used instead.

Promulgate

To publish, announce, or proclaim official notice of a public act. To issue a regulation.

Executive Agency

see administrative agency

Regulation

the act of regulating. A rule having the force of law, promulgated by an administrative agency; the act of rule making.