BLAW 310 CHAPTER. 5 NEW PRACTICE EXAM QUESTIONS AND ANSWERS SOLUTION
2022
adminsitrative agencies - issue regulations that make up the body of
... [Show More] administrative law
administrative law - The body of law created by administrative agencies (in the form of rules,
regulations, orders, and decisions) in order to carry out their duties and responsibilities
administrative agency - A federal or state government agency created by the legislature to
perform a specific function
yes - do administrative agencies exists at all levels of government?
congress - who creates federal administrative agencies?
enabling legislation
Congress - example of a federal administrative agency?
A statute that specifies the name, functions, and specific powers of an administrative agency
* federal administrative agencies can only exercise powers ____________ delegates to them *
- executive controls
- legislative controls
- judicial controls
- administrative procedure act (APA) - agency powers and the constitution?
administrative procedure act - agency powers & the constitution
- arbitrary & capricious test
- fair notice
Rulemaking - the administrative process
___________________ :
the formation of new regulations
This study source was downloaded by 100000840275362 from CourseHero.com on 04-29-2022 08:45:06 GMT -05:00
https://www.coursehero.com/file/142082516/BLAW-310-CHAPTER-5-NEW-PRACTICE-EXAM-QUESTIONS-AND-ANSWERS-SOLUTION-2022pdf/
notice and comment rule making
1. notice of the proposed rule making
2. comment period
3. final rule - 3 steps involved in notice and comment rule making?
Enforcement Investigation - the administrative process
agency enforces its rules by conducting investigations to monitor compliance
- might begin when an agency receives a report of possible violation
> inspections & tests
> subpoenas
> search warrants
Adjudication - the administrative process
resolution of dispute through a hearing by the agency
> negotiation settlements
> formal complaints
> role of the administrative law judge
> hearing procedures
> agency orders
yes
Ex. 66 bug parts allowed per chocolate bar - do administrative agencies have a lot of discretion
(wiggle room) to interpret their own agency rules?
judicial differences in administrative agency decisions - Ex. PB oil spill (ex. of how agencies
create their own rules)
courts go off of the agencies established laws
- did congress directly address the issue in dispute in the statue?
> if it was, the statutory language wins
- if the statue is silent or ambiguous, is the agency's interpretation "reasonable" ? [Show Less]