Exam Questions and Answers |
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Administrative law - ANSWER ✔✔Rules and regulations established
by administrative agencies to execute the functions given them by
congress or the president; also the law that governs how agencies must
operate
Administrative Procedures Act - ANSWER ✔✔Determines the
primary structure of administrative law. Enacted in 1946, defines the
procedural rules and formalities for federal agencies.
,Enabling statute - ANSWER ✔✔Legislative enactment granting
power to an administrative agency. Congress grants to an agency the
power to perform its regulatory purpose, which is to formulate,
implement, and enforce policy relevant to its area of authority.
rulemaking - ANSWER ✔✔The procedures that agencies must follow
when issuing rules to interpret or enforce the statutory authority they
were granted by congress
Regulation - ANSWER ✔✔A rule or order, having legal force, issued
by an administrative agency; the act or process of controlling by rule
Agency rule - ANSWER ✔✔The whole or part of an agency
statement of general or particular applicability and future effect designed
to implement, interpret, or prescribe law or policy describing the
organization, procedure, or practice requirements of an agency.
Federal register - ANSWER ✔✔After a new rule is approved and
published in here for public inspection, interested parties may submit
written comments about the rule. Publication in a book
Notice-and comment period - ANSWER ✔✔Before issuing rules, an
agency is generally required by the APA to provide public notice and the
,opportunity for interested parties to comment in writing for the public
record.
Public comment period - ANSWER ✔✔usually 60 to 90 days, after
which the agency reviews the comments and finalizes the rule.
Substantive rules - ANSWER ✔✔Administrative regulations with the
same force of law as statutes enacted by congress.
Interpretative rules - ANSWER ✔✔Statements issued by an agency
to provide its staff and the public with guidance regarding the
interpretation of a substantive rule or a statute.
Final adopted rules - ANSWER ✔✔Becomes part of the Code of
Federal regulations. Can be subjected to judicial review
Code of Federal Regulations - ANSWER ✔✔the codification of the
general and permanent rules and regulations (administrative law)
published in the Federal Register by the executive departments and
agencies of the federal government
Enforcement of rules - ANSWER ✔✔1. prohibition, requirement,
limitation, or other condition affecting the freedom of a person
2. withholding of relief
3. imposition of a penalty or fine
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, 4.destruction,taking, seizing, or withholding of property
5.Assessment of damages, reimbursement,restitution,compensation,
costs, charges, or fees
6. Requirement,revocation, or suspension of a license
7. Taking other compulsory or restrictive action.
judicial deference - ANSWER ✔✔Is it going to be appealed. Is the
final rule reviewed by the court going to be overturned because it's
arbitrary and capricious? Is it a reasonable way to do it?
Investigate powers - ANSWER ✔✔1. Regulated businesses are
required to self-report
2. Direct observation determines if a business is followed the law
3. Agency subpoena power is yes to require a business to produce
documents.
Agency subpoena power - ANSWER ✔✔A legal instrument that
directs the person receiving it to appear at a specified time and place to
testify or to produce documents.
Formal agency procedure - ANSWER ✔✔1. A complaint is filed by an
agency against a suspected violator
2. The business responds to the complaint.