Chapter 23: Administrative Agencies Practice Flashcards

Comprehensive vocabulary flashcards based on Chapter 23 lecture notes and slides covering administrative agency powers, rulemaking, enforcement, adjudication, oversight, and legal standards.

Administrative law

Law created by administrative agencies through authorized rules, orders, and decisions.

Administrative agency

A federal or state government body created by a legislature to perform a specific function.

Administrative regulation

A binding agency rule that can affect business costs, savings, and operations.

Lobbying

Efforts to influence government officials or regulatory policy.

Enabling legislation

A statute enacted by Congress that authorizes the creation of an administrative agency and specifies its name, composition, purpose, and powers.

Delegated power

Authority Congress grants to an agency through legislation.

Federal Trade Commission (FTC)

An independent agency that combats unfair competition and deceptive trade practices and can investigate, regulate, and conduct hearings.

Executive agency

A cabinet department or subagency assisting the president, usually led by a single removable administrator, director, or secretary.

Independent regulatory agency

An agency outside cabinet departments, usually led by officials serving fixed terms with removal protections.

Federal Reserve Board

An independent body setting policy on interest rates, credit availability, and money supply.

Securities and Exchange Commission (SEC)

An agency regulating stock exchanges and enforcing securities laws.

Federal Communications Commission (FCC)

An agency regulating communications by telegraph, cable, phone, radio, satellite, Internet, and television.

National Labor Relations Board (NLRB)

An agency protecting union and collective-bargaining rights and addressing unfair labor practices.

Equal Employment Opportunity Commission (EEOC)

An agency investigating and combating employment discrimination based on protected traits.

Environmental Protection Agency (EPA)

An agency running programs to reduce air and water pollution and address environmental hazards.

Nuclear Regulatory Commission (NRC)

An agency responsible for safe construction and operation of nuclear power reactors.

Rulemaking

The process by which an administrative agency formally amends or repeals an existing rule, or adopts a new rule.

Enforcement

Agency investigation and action to secure compliance with statutes and regulations.

Adjudication

Resolution of a dispute through evidence and argument before a neutral decision maker in court or an administrative proceeding.

Executive oversight

Presidential control over agencies exercised through appointment authority and veto power over legislation.

Legislative oversight

Congressional control over agencies through creation, amendment, abolition, funding, investigation, and review of regulations.

Judicial oversight

Court review of agency action under governing statutes such as the Administrative Procedure Act (APA).

Exhaustion doctrine

The principle that a complaining party normally must have exhausted all available administrative remedies before seeking judicial review.

Administrative Procedure Act (APA)

Default federal law governing agency rulemaking, enforcement, adjudication, and judicial review when enabling legislation does not provide otherwise.

Administrative process

The procedures used by administrative agencies in fulfilling their three basic functions: rulemaking, enforcement, and adjudication.

Arbitrary and capricious standard

APA standard requiring courts to set aside irrational, inadequately explained, or unlawful agency actions.

Abuse of discretion

Improper agency use of authority evaluated by courts considering investigation purpose, relevance, specificity, and burden.

Notice-and-comment rulemaking

An administrative rulemaking procedure involving publication of a proposed rule in the Federal Register, a public comment period, and publication of the final rule.

Federal Register

A daily publication of the executive branch that prints government orders, proposed rules, and final regulations.

Comment period

A period during notice-and-comment rulemaking giving interested parties the opportunity to express written views on a proposed rule.

Final rule

The completed binding agency regulation published in the Federal Register after review of comments and later compiled in the Code of Federal Regulations.

Code of Federal Regulations (CFR)

A compilation of final rules and regulations of federal administrative agencies.

Interpretative rule

A nonbinding agency explanation of how it interprets and intends to apply a statute.

Guidance document

A nonbinding agency document advising the public on an agency's legal and policy positions.

Administrative subpoena

An agency order compelling testimony or production of documents.

Subpoena ad testificandum

A writ or order compelling a witness to appear and testify at an agency hearing.

Subpoena duces tecum

A writ or order compelling an individual or organization to hand over books, papers, records, or documents to an agency.

Administrative search warrant

An order directing law enforcement officials to search a specific place for a specific item and seize it for an agency.

Warrantless administrative search

A search allowed without a warrant in recognized settings such as highly regulated industries, statutorily authorized hazardous operations, or emergencies.

Negotiated settlement

An informal resolution intended to correct a problem to the agency's satisfaction and avoid formal agency adjudication and appeals.

Administrative law judge (ALJ)

A neutral official presiding over an agency hearing who administers oaths, rules on evidence, and finds facts.

Ex parte communication

Improper private communication between an administrative law judge and any party to an agency proceeding regarding the merits of the case.

Agency hearing notice

A notice required by the APA before a hearing stating the complaint's facts and law, legal authority, time, and place.

Formal adjudicatory hearing

A trial-like agency proceeding involving discovery, due process standards, agency burden of proof, testimony, evidence, and cross-examination.

Initial order

An administrative law judge's decision or disposition in a matter for which a hearing was conducted.

Final order

The final decision of an administrative agency on an issue, reached after internal review or when an initial order becomes final.

Chevron doctrine

A historical judicial deference framework under which courts uphold reasonable agency interpretations of ambiguous statutory language.

Freedom of Information Act (FOIA)

Federal statute requiring disclosure of government records upon written request and electronic availability, subject to specific exemptions.

FOIA exemptions

Categories of records withheld from FOIA disclosure, including national-security matters and confidential or personal information.

Government in the Sunshine Act

Federal open-meeting law requiring agency meetings to be open to public observation with advance notice, subject to specific exceptions.

Regulatory Flexibility Act

Federal law requiring agencies to measure costs and consider less burdensome alternatives whenever a new regulation significantly impacts many small entities.

Small Business Regulatory Enforcement Fairness Act

Federal law intended to ease regulatory burdens on small businesses through plain-English guides, congressional review periods, and feedback boards.

Federal Trade Commission Act

The enabling legislation enacted by Congress creating the FTC, prohibiting unfair trade practices, and granting regulatory powers.

FTC Commission Composition

A five-member governing body appointed by the President with Senate consent to serve seven-year terms.

Executive Cabinet Subagencies

Subagencies within cabinet departments of the executive branch, such as OSHA in Labor or the IRS in Treasury.

Single Removable Administrator

The executive head of an executive agency, appointed by the President and removable at any time.

Just-Cause Removal Protection

Structural protection for officers of independent regulatory agencies limiting the President's ability to dismiss them without cause.

Parallel State Agency

A state-level administrative body created to perform functions corresponding to a federal agency, such as a state pollution-control agency.

Preemption of State Regulations

The legal principle where valid federal administrative agency regulations take precedence over conflicting state rules.

Bubble Policy

An EPA regulatory approach under the Clean Air Act treating an entire plant as one stationary source to offset emissions increases with reductions.

Sixty-Day Congressional Review Period

A period provided under SBREFA allowing Congress at least sixty days to review new federal regulations before they take effect.

Small Business Regulatory Fairness Boards

Boards created to rate and publicize federal agency performance based on feedback submitted by small businesses to the SBA Ombudsman.

Sunshine Act Closed-Meeting Exceptions

Exceptions permitting closed agency meetings for topics involving accused crimes, frustrated future actions, or existing/future litigation.

Plain-English Compliance Guides

Guides required by SBREFA that agencies must prepare to explain clearly how small businesses can comply with regulations.

Arbitrary and Capricious Factors

Criteria including failure to explain decisions, unjustified policy changes, improper factors, omitted relevant factors, or evidence-contrary rulings.

Abuse of Discretion Factors

Court evaluation factors for agency investigations, including legitimate purpose, relevance, demand specificity, and party burden.

Burden of Proof in Agency Adjudication

The requirement in formal agency adjudicatory hearings placing the duty of proving statutory or regulatory violations on the agency.

Separation of ALJ Functions

APA safeguard keeping the Administrative Law Judge distinct from an agency's investigative and prosecutorial staff.

Administrative Discovery

Pre-hearing procedures in formal adjudicatory hearings involving depositions, interrogatories, and requests for documents.

Highly Regulated Industry Search Exception

A legal rule allowing warrantless administrative inspections of businesses operating in heavily regulated sectors like liquor or firearms.