Chapter 5 Notes

Chapter 5 Notes - Chapter 5 Administrative Law...

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Chapter 5 – Administrative Law - Administrative Law o Administrative law is the branch of public law created by administrative agencies as rules, regulations, orders, and decisions to carry out the regulatory powers and duties of those agencies. o Much of federal, state, and local law in this country is established by administrative agencies, which leads some to criticize the power vested in this “fourth branch of government.” Administrative agencies serve an important function, however, relieving the legislative branch from the daunting task of considering every aspect of a specific problem in order to address it. Instead, legislators can pass an enabling statute and create an agency for the task. o Much of federal, state, and local law in this country is established by administrative agencies, which leads some to criticize the power vested in this “fourth branch of government.” Administrative agencies serve an important function, however, relieving the legislative branch from the daunting task of considering every aspect of a specific problem in order to address it. Instead, legislators can pass an enabling statute and create an agency for the task. - Administrative agencies are governmental entities (other than courts and legislatures) that have authority to affect the rights of private parties. They are referred to as commissions, boards, departments, agency administrations, bureaus or offices. They regulate important matters of national safety, welfare and convenience. o Perform 3 basic functions: Rulemaking Enforcement Adjudication o Rulemaking o Under the APA a rule is "the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or process law or policy." o ^^^In text book, on TEST! o
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Chapter 5 Notes - Chapter 5 Administrative Law...

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