Business Law chapter 6

legislative rules

An administrative Agency rule that affects substantive legal rights and carries the same weight as a congressionally enactes statue. (substantive rule)

Federal Register

a daily publication of the executive branch that prints government orders, rules, and regulations.

ripeness doctrine

a court will not review an adminsitrative agency's decision until it is not ripe for review. (this is if the parties can demonstrate that they have met certain requirements--> standing to sue, there must be an actual controversy)

enabling legislation

a statue enacted by congress that authorizes the creation of an administrative agency adn specifies the name, composition, purpose, and powers of the agency being created

interpretive rules

an administrative agency rule that simply declares a policy or explains the agency's postition and does not establish any legal rights or obligations

notice and comment rule

an administrative agency rulemaking procedure that involves th epublication of a notice of a proposed rulemaking in the Federal Register, a comment period for interested parties to express their views on the proposed rule, and the publication of the agency's final rule in the Federal Register

delegation doctrine

an article based on article I Section 8 of the US Constitution, which has been construed to allow Congress to delegate some of its power to make and implement laws to administrative agencies. The delegation is considered to be proper as long as congress sets standards outlining the scope of the agency's autority

ad testificandum

an ordinary subpoena. a writ, order compelling a witness to appear at an agency hearing

initial order

in the context of administrative law, an agency's disposition in a matter other than a rule making. this becomes final unless it is appealed.

administrative law judge

one who presides over an administrative agency hearing and who has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact

final order

the final decision of an admninistrative agency on an issue. if no appeal is takenm or if the case is not reviewed or considered by the agency commission, the administrative law judge's initial order becomes the final order of the agency.

exhaustion doctrine

the party seeking court review must first exhaust all of his or hers administrative remedies under this. (they need to go through the administrative process before seeking court review)

adjudication

the process of resolving a dispute by presenting evidence and arguments before a neutral tird party decision maker in a court or an administrative law proceeding

rulemaking

the process undertaken by an administrative agency when formally adopting a new regulation or amending an old one. it involves notifying the public of a proposed rule or change and recieveing andconsidering the public's comments

duces tecum

the subpoena that compels and individual or organization to hand over the books, papers, record, or documents to the agency

Code of Federal Regulations

were the final rules are complies along with the rules and regulations of other federal administrative agencies