Administrative Law Terms

Public Law

A classification of law that concerns the relationship between individuals and their government. Constitutional law and criminal law are examples of public law If you have a relationship with a government official it will always go public!!!!!

Sunset Provision/Sunset Law

A law that requires an administrative agency to end, or which terminates the agency's authority under its enabling statute. When a specific provision requiring the agency to terminate its operations after a set period of time is included in an enabling statute, the provision is called a Sunset Provision. *When an agency runs off into the sunset and never comes back!!!*

Remand

A remand is the process of returning a case to the lower court after an appellate court sends it back to trio court to reconsider its decision to retry the case. Likewise, the commission or board of an administrative agency returns a case to an Administrative Law Judge for reconsideration the process is also called remand.

Administrative Law Judge

An administrative law judge (ALJ) is a government employee who oversees administrative agency adjudications (cases). The ALJ acts like a trial court judge in a civil lawsuit, administering oaths of witnesses, taking evidence, rules on objections to witness testimony and exhibits, and makes findings of fact and conclusions of law in issuing a decision.

Can officials leading the Executive Administrative Agencies be removed?

By the president, yes, even without cause.

What outlines the administrative agency's name, its management structure, and its powers?

Enabling Statute

Executive Administrative Agencies

Executive Administrative Agencies are generally created by the executive branch of government (the president and executive-level offices). Officials who lead and manage executive agencies can generally be removed from their positions by the president without cause.

Procedural Administrative Rule

Identifies the process an administrative agency follows when applying the law that Congress, through an enabling statute, has charged the agency to apply and enforce

Independent Administrative Agencies

Independent administrative agencies are created by Congress to apply the laws that Congress makes. The officials leading independent administrative agencies can only be removed from their positions for good reasons ("cause")

What is the difference between informal and formal rule-making?

Informal happens after "notice and comment" while Formal happens after "on the record" *Celebs wear formal outfits when they are interviewed/go on the record*

Legislative/Substantive Administrative Rule

Legislative (or Substantive) administrative rules are administrative rules made by federal administrative agencies under the formal rule-making requirements of the Administrative Procedures Act. Legislative/substantive rules have the same force and effect as statutes made by Congress.

Do interpretive administrative rules carry out the same force/effect of substantive/legislative administrative rules?

NO, they do not. This means they are not legally binding on the businesses covered by law

Can officials leading the Independent Administrative Agencies be removed?

Only for good reason (cause)

Formal Rule-Making

Takes place under the Administrative Procedures Act after a process called "on the record" rule-making occurs

What are the Administrative Law Judge?

The ALJ acts like a trial court judge in a civil lawsuit, administering oaths of witnesses, taking evidence, rules on objections to witness testimony and exhibits, and makes findings of fact and conclusions of law in issuing a decision.

R.J. Reynolds Tobacco Co. v. FDA (2012).

The agency argued that the graphic warnings were necessary to discourage young people from smoking.

Enabling Statute

The federal law that creates administrative agencies is called an enabling statute. The enabling statute outlines the administrative agency's name, its management structure and its powers.

Delegation Doctrine

The legal rule, based on Article I, Section 8 of the US Constitution, courts follow in allowing Congress to assign some of its authority to make laws to federal administration agencies

Informal Rule-Making

Under the Administrative Procedurals Act (APA), this takes place after a "notice and comment" process occurs

Interpretive Administrative Rule

rules administrative agencies make in which the agency provides the public with its interpretation of what Congress meant when it passed the laws the agency is charged with enforcing.

Criminal Law

type of public law in which actions considered by society to be "wrong" and which are offensive to society (e.g., theft, murder, fraud, etc.) are punished. criminals hurt the public