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BLS Test - BLS Test#2 Chapter 44 Administrative Agencies...

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BLS Test #2 Chapter 44 Administrative Agencies : bodies of the city, county, state, or federal government that carry out specific regulatory duties Administrative law : consists of substantive and procedural rules created by these bodies Interstate Commerce Commission : (ICC) created by Congress near the end of the 19 th Century as a means to better control the anticompetitive conduct of railroads; no longer is a separate agency Enabling legislation : statute that specifies the name, functions, and specific powers of the new agency; gives agencies broad powers to serve public interest, convenience, and necessity 1. Rule Making - Procedural rules : govern the internal operations of the agency - Interpretive rules : explain how agency views the meaning of the statutes for which it has administrative responsibility - Legislative rules : policy expressions that the effect of law 2. Investigation - Subpoena : an order to appear at a particular time and place and provide testimony - Subpoena duces tecum : an order to appear and bring specified documents 3. Adjudication - Administrative law judge : (ALJ) judge of an administrative law hearing who tries to convince the parties to settle (no jury in administrative law) - Consent order : ALJ tried to get parties to agree - Order : binding decision by the judge Executive agencies : located under the executive branch usually under one of the cabinets (cabinet level agencies); examples: Federal Aviation Agency, Food and Drug Administration; broad range of power Independent Agencies : (commissions) governed by board of commissioners, one of whom is a chair; president appoints the commissioners; examples: Federal Trade Commission, Securities and Exchange Commission, Federal Communication Commission; narrow range of power Hybrid Agencies : created as one type of agency but may have characteristics of another; examples: EPA, Federal Energy Regulation Commission Administrative Procedures Act : (APA) very specific guidelines govern the rule making of agencies - Informal rule making : (notice and comment rule making) primary type of rulemaking, make a publishing of the proposed rule in the Federal Register , along with an explanation of the legal authority for issuing the rule and a description of how the public can participate in the rule making process o Federal Register : official daily publication of rules, proposed rules, and notices of agencies - Formal rule making : initiated in the same way as informal, then have to go to a public hearing where witnesses give a testimony - Hybrid rule making : starting point is the Federal Register , then opportunity for written comments, then a trial hearing
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- Exempted rule making : APA decided whether the public will be allowed to participate in proceedings with regard to “military and foreign affairs” and “agency management or personnel” - Interpretive rules : do not create any new rights or duties but merely detailed statements of the agency’s interpretation of an existing law - Policy statements
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