Worksheet 23.2: The Administrative Process

One important difference between formal litigation and an administrative hearing before an administrative law judge ("ALJ") is that:

An ALJ can admit hearsay in the hearing

When an agency finds a rule violation, one attractive option for resolution is

a negotiated settlement

An administrative rule is a statement of general or particular and effect designed to implement, , or prescribe law and policy.

applicability future interpret

An agency has to respond to every comment that is made.

false

Any changes to a proposed rule require an additional public comment period.

false

The major function of today's federal agencies is adjudication.

false

Select three situations when an agency can perform a warrantless search.

highly regulated industries emergency situations certain types of hazardous operations

At the conclusion of a hearing, the ALJ issues a(n) order. If no one objects, this becomes the order.

initial final

If an agency failed to follow proper rulemaking procedures when it issued the final rule, the rule binding.

may not be

Many rules must be adopted using the notice-and-comment rulemaking procedure, which includes giving the proposed rulemaking, allowing for a period of time for from the public, and the issuance of the rule.

notice of comment final

During the comment period of the rulemaking process, the is allowed to express opinions or views about a proposed rule. These comments may be in writing or if a hearing is held.

public oral

When an agency formally creates a new rule, the first step is to:

publish a notice in the Federal Register.

To determine if an agency is abusing its discretion in pursuing information, a court may consider the of the investigation, the of the information being sought, the of the demand for documents, and the of the demand on the party.

purpose relevance specificity burden

Select the three powers that agencies have.

rule making enforcement adjudication

If a firm thinks an agency's request for documents is unreasonable, it may refuse to comply with the request. In such situations, the agency may use a subpoena or search warrant to obtain the information. A subpoena ad testificandum is an order compelling a witness to appear at an agency hearing. A subpoena duces tecum compels an individual to bring documents to the agency.

search warrant ad testificandum duces tecum

When an agency publishes notice of proposed rulemaking, the notice must include the subject of the proposed rule, when and where the proceedings will be held, and the authority for passing the rule.

true