Administrative Law: Well Defined Terms with
Verified Certified Solutions 2024 Update.
Administrative Law
✔️- Is a law practice specialty area which deals with those legal rules that
create, affect, and are generated by administrative agencies.
Administrative Agency Rules emanate
✔️- federal Constitution; federal statutes - such as enabling acts, the
Administrative Procedure Act, and the Freedom of Information Act - and the
rules, regulations, and decisions generated by the agencies themselves.
An administrative agency is
✔️- a governmental unit charged with responsibility to implement and
administer statutes adopted by a legislative body - Congress at the federal level.
Independent Agencies
✔️- Designed to function without excessive political pressures, are created by
Congress and are governed by a commission or board appointed by the President,
subject to confirmation by the Senate.
Executive Agencies
✔️- Units within the executive branch of government that are typically headed
by one individual who is appointed by the President. Generally have more
restricted power that independent agencies. Yet IRS and SSA have tremendous
power.
,Administrative Law: Well Defined Terms with
Verified Certified Solutions 2024 Update.
Regulatory Agency
✔️- Is given comprehensive authority to oversee a wide spectrum of economic
activities of a specific industry.
Licensing; Ratemaking; and Business Practices
Nonregulatory Agency
✔️- Typically - but not always - dispense money to promote social and
economic welfare in the forms of government insurance and pensions.
Enabling Act
✔️- A statute passed by Congress which created the agency and determines its
structure, functions, powers, and operational standards.
Delegation Doctrine
✔️- Judicially enforced principle which reflects the type and degree of
legislative power that Congress may deligate
Intelligible Standards
✔️- Congress can set itelligible standards and policies with administrative
agencies adopting the specific rules to carry out those standards and policies
, Administrative Law: Well Defined Terms with
Verified Certified Solutions 2024 Update.
Safeguards
✔️- Controls such as procedural due process, adoption of standards by the
administrative agency, and judicial review
Administrative Procedure Act
✔️- Adopted in 1946 - the systems of safeguards or controls against abuses of
power by an administrative agency. Establishing procedures that must be
followed when the agency engages in it's quasi-judicial and quasi-legaslative
functions.Regulates dissemination of information.
Investigation
✔️- If an agency is authorized to compel persons to turn over information - it is
authorized to engage in investigation.
Rulemaking
✔️- If an agency is authorized to create regulations or supplement or to clarify
its statutory mandate - it is authorized to engage in rulemaking.
Adjudication
✔️- If an agency is authorized to determine - judge - whether a party is in
compliance with the agency's statutory mandate or with its regulations, it is
authorized to engage in adjudication.
Verified Certified Solutions 2024 Update.
Administrative Law
✔️- Is a law practice specialty area which deals with those legal rules that
create, affect, and are generated by administrative agencies.
Administrative Agency Rules emanate
✔️- federal Constitution; federal statutes - such as enabling acts, the
Administrative Procedure Act, and the Freedom of Information Act - and the
rules, regulations, and decisions generated by the agencies themselves.
An administrative agency is
✔️- a governmental unit charged with responsibility to implement and
administer statutes adopted by a legislative body - Congress at the federal level.
Independent Agencies
✔️- Designed to function without excessive political pressures, are created by
Congress and are governed by a commission or board appointed by the President,
subject to confirmation by the Senate.
Executive Agencies
✔️- Units within the executive branch of government that are typically headed
by one individual who is appointed by the President. Generally have more
restricted power that independent agencies. Yet IRS and SSA have tremendous
power.
,Administrative Law: Well Defined Terms with
Verified Certified Solutions 2024 Update.
Regulatory Agency
✔️- Is given comprehensive authority to oversee a wide spectrum of economic
activities of a specific industry.
Licensing; Ratemaking; and Business Practices
Nonregulatory Agency
✔️- Typically - but not always - dispense money to promote social and
economic welfare in the forms of government insurance and pensions.
Enabling Act
✔️- A statute passed by Congress which created the agency and determines its
structure, functions, powers, and operational standards.
Delegation Doctrine
✔️- Judicially enforced principle which reflects the type and degree of
legislative power that Congress may deligate
Intelligible Standards
✔️- Congress can set itelligible standards and policies with administrative
agencies adopting the specific rules to carry out those standards and policies
, Administrative Law: Well Defined Terms with
Verified Certified Solutions 2024 Update.
Safeguards
✔️- Controls such as procedural due process, adoption of standards by the
administrative agency, and judicial review
Administrative Procedure Act
✔️- Adopted in 1946 - the systems of safeguards or controls against abuses of
power by an administrative agency. Establishing procedures that must be
followed when the agency engages in it's quasi-judicial and quasi-legaslative
functions.Regulates dissemination of information.
Investigation
✔️- If an agency is authorized to compel persons to turn over information - it is
authorized to engage in investigation.
Rulemaking
✔️- If an agency is authorized to create regulations or supplement or to clarify
its statutory mandate - it is authorized to engage in rulemaking.
Adjudication
✔️- If an agency is authorized to determine - judge - whether a party is in
compliance with the agency's statutory mandate or with its regulations, it is
authorized to engage in adjudication.
