BLAW- Test Review2

BLAW- Test Review2 - 3 basic functions of administrative...

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3 basic functions of administrative agencies: 1. Rulemaking- process by which an administrative agency enacts or promulgates rules by law 2. Enforcement 3. Adjudication of controversies 3 types of rules promulgated by administrative agencies: 1. Legislative rules- those issued by an agency having the ability, under a legislative delegation of power, to make rules having the force and effect of law 2. Interpretative rules- agency issued statements that explain how the agency construes its governing statute 3. Procedural rules- exempt from notice and comment requirements of the APA and are not law What is the enforcement function? Agencies traditionally have been accorded great discretion to compel the disclosure of information; they have to 1. Investigate that it is authorized y law and undertaken for a legitimate purpose; 2. Information is sought is relevant; 3. The demand for information is sufficiently specific and to unreasonable; 4. The information sought is not privileged What is the adjudication function? involves finding facts, applying legal rules to the facts and formulating
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This note was uploaded on 12/10/2008 for the course BLAW 3430 taught by Professor Engler during the Fall '07 term at North Texas.

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BLAW- Test Review2 - 3 basic functions of administrative...

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