question

Adjudication

answer

The process of resolving a dispute by presenting evidence and arguments before a neutral third party decision maker in a court or an administrative law proceeding.

question

Administrative Law Judge (ALJ)

answer

One who presides over an administrative agency hearing and who has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact.

question

Bureaucracy

answer

A large organization that is structured hierarchal to carry out specific functions.

question

Delegation Doctrine

answer

A doctrine based on Article I, Section 8, of the U.S. Constitution, which has been construed to allow Congress to delegate some of its power to make and implement laws to administrative agencies. The delegation is considered to be proper as long as Congress sets standards outlining the scope of the agency's authority.

question

Enabling Legislation

answer

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

question

Final Order

answer

The final decision of an administrative agency on an issue. If no appeal is taken, or if the case is not reviewed or considered anew by the agency commission, the administrative law judge's initial order becomes the final order of the agency.

question

Initial Order

answer

In the context of administrative law, an agency's disposition in a matter other than a rule making. An administrative law judge's initial order becomes final unless it is appealed.

question

Interpretive Rule

answer

An administrative agency rule that simply declares a policy or explains the agency's position and does not establish any legal rights or obligation.

question

Legislative Rule

answer

An administrative agency rule that affects substantive legal rights and carries the same weight as a congressionally enacted statute.

question

Notice-and-Comment Rulemaking

answer

An administrative rule making procedure that involves the publication of a notice of a proposed rule making in the Federal Register, a comment period for interested parties to express their views on the proposed rule, and the publication of the agency's final rule in the Federal Register.

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Rulemaking

answer

The process undertaken by an administrative agency when formally adopting a new regulation or amending an old one. Rule making involves notifying the public of a proposed rules or change and receiving the public's comments.

question

False

answer

T/F: Warrants are required to conduct administrative searches in all highly regulated industries.

question

True

answer

T/F: All federal agencies must follow specific procedural requirements when fulfilling their basic functions.

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False

answer

T/F: Federal administrative agencies can exercise only those powers that a state legislature has delegated to them in enabling legislation.

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True

answer

T/F: A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

question

False

answer

T/F: Legislative rules simply declare policy and do not affect legal rights or obligations.

question

False

answer

T/F: Administrative agencies generally have no discretion over the type of hearing procedures that they use.

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True

answer

T/F: All federal government agencies must make their records available electronically on the Internet and in other electronic formats.

question

True

answer

T/F: Anyone can submit comments on a proposed administrative rule.

question

False

answer

T/F: Few agency rules require considerable compliance reporting from regulated entities.

question

False

answer

T/F: There are no significant differences between a trial and an administrative hearing.

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True

answer

T/F: A federal administrative agency must alert small businesses—through advertising in trade journals, for example—about forthcoming regulations.

question

False

answer

T/F: Business has little incentive to try to influence the regulatory environment through lobbying.

question

False

answer

T/F: A party can be directly prosecuted for violating an administrative agency's interpretive rule or guidance document.

question

True

answer

T/F: Federal agencies must consider ways to reduce the economic impact of new regulations on small businesses.

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False

answer

T/F: When the meaning of a statute's language is unclear and an agency interprets it, a court need not follow the interpretation even if it is reasonable.

question

False

answer

T/F: If a business firm refuses to comply with an agency's request to inspect facilities or business records, the agency must defer to the refusal.

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True

answer

T/F: Administrative agencies at various levels of government work together and share the responsibility of enforcing particular regulations.

question

True

answer

T/F: An administrative rule may be arbitrary and capricious if the agency failed to provide a rational explanation for its decision.

question

False

answer

T/F: Unlike statutes, administrative regulations do not have a binding effect.

question

False

answer

T/F: Like statutory law, administrative law is created by legislatures.

Business Law 2 Chapter 43 – Flashcards

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