Business Law Chapter 4: Administrative Law

Order

A binding decision rendered by a judge

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.

Consent Order

A statement in which a company agress to stop disputed behavior but does not admit 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.

independant 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 advice and consent of the senate.

Interpretive Rules

rules that explain how the agency views the meaning of the statutes for which the agency has administrative responsibility

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.

subpoena duces tecum

An order to appear and bring specidfied documents.

Subpoena

An order to appear at a particular time and place and provide testimony.

Administrative Agency

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

Rule Making

Enables statutes permit administrative agencies to issure rules that control individuals and businesses behavior.

Adjudication

Enabling statutes delegate judicial powers to agencies to settle or adjustable individual disputes that an agency may have with businesses or individuals

Administrative Procedures Act

Federal Legislation that places limitations on how agencies are run and contains very specific guide lines on rule making.

Legistive RUles

Policy expressions that have the effect on the law

Procedural Rules

Rules regarding the internal operations of an agency.

Administrative Law

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

Interstate Commerce Commission

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

Hybrid Agencies

an agency that has characteristics of both executive and independent agencies