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9 Cards in this Set
- Front
- Back
Administrative Agencies
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Governmental entities- other than courts and legislatures-having authority to affect the rights of private parties through their operations. These agencies create more legal rules and adjudicate more controversies than all the nations legislators and courts combined.
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Executive Agencies
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Those housed within the Executive branch of the government.
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Three basic functions administrative agencies perform
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1- Rule-making
2- Enforcement 3- Adjudication of controversies |
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Informal rule-making procedures of APA
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99% of rule-making, must follow these rules;
1- Prior notice of a proposed rule 2- An opportunity for interested parties to participate in rule making 3- Publication of concise general statement of the rule's basis and purpose at least thirty days before its effective date |
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Formal rule-making
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More complex than informal,
The agency must consider the record of the trial-like agency hearing and include a statement of, "findings and conclusions, and the reasons or basis therefore, on all material issues of fact, law, or discretion presented on the record" when making rules. |
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Enforcement
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Agencies investigate conduct;
Agencies traditionally have been accorded great discretion, subject to constitutional limitations, to compel the disclosure of information. |
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Four rules of Enforcement
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1- Investigation is authorized by law and undertaken for legitimate purpose
2- Information sought is relevant 3- Demand for information is sufficiently specific and not burdensome 4- The information sought is not privileged |
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Order
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A final disposition made by an agency
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Administrative law
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Branch of public law that is created by administrative agencies in the form of rules regulations and orders.
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