MIE 305 Final Exam Review (Chapter 5) Questions With Correct Solutions

MIE 305 Final Exam Review (Chapter 5) What is administrative law? - ANS The body of legally enforceable rules and regulations, by civil or criminal corrective action, developed and made effective by administrative agencies at both the federal and state levels. Where does administrative law fit into the US legal system? - ANS At both federal and state levels, made effective by administrative agencies, have the force of federal law, but not passed directly by congress What are administrative agencies? - ANS Entities of government charged by the supreme lawmaking authority with implementing, administering, and (sometimes) adjudicating violations of certain statutes or parts thereof which fall within their jurisdiction or expertise Where do we get the term "bureaucracy"? - ANS Max Weber What are the types of agencies we find within the US federal administrative apparatus? - ANS Executive and Independent Executive agencies - ANS Function within a cabinet department "department of" Examples of executive agencies - ANS -FDA -DHHS Independent Agencies - ANS Consisted of regulatory and government corporations Examples of regulatory agencies - ANS -FTC -NLRB -SEC Government corporations - ANS Government agency that operates like a business corporation Examples of government agencies - ANS -Amtrak -USPS What is the Administrative Procedure Act and why is it important? - ANS Act by Congress to provide reasonably uniform set of rules for federal admin agencies, by which they must conduct business. The APA automatically applies to an agency unless it has been exempt by Congress. It is important because it allows for a uniform operating procedure. How does the APA ensure fair administrative procedure? - ANS 1. Requires agencies to keep the public informed re: procedure, organization and rules 2. Develop methods of allowing public participation in the rulemaking process 3. Production of uniform standards for agency rulemaking and adjudications 4.Defines the scope of judicial review over agency decisions What is the importance of the J.W. Hampton case to US administrative law? - ANS As long as Congress provided an admin agency with a intelligible principle by which to exercise it duties, the agency itself was not engaging in legislative functions, but rather carrying out legislature. Nondeligation doctrine - ANS Congress cannot simply create an agency and give it a broad, general grant of power; congress must provide an intelligible principle by which the agency is to carry out its mission- Comes from JW Hampton case Formal Rulemaking - ANS Takes place in a forum that looks and operates very much like a court, with 1 or more Administrative Law Judges (ALJs) presiding, and proceeds in four steps Steps of formal rulemaking - ANS 1. Publication of proposed rule in the Federal Register 2. Mandatory hearing (agency makes presentations, witnesses, cross-exam, evidence) 3. A report is issued by the agency based on the record created at hearing 4.Agency withdraws, restudies, amends, or proceeds with current draft- final rule in Federal Register Informal Rulemaking - ANS Often takes the form of notice and comment rulemaking Steps of informal rulemaking - ANS 1. Agency provides notice of the proposed rule in the Federal Register 2. A public comment period of at least 30 days is provided; these days, usually via email 3.Publication of final rule in Federal Register w/"statement of purpose & basis" Statement of purpose and basis - ANS Explains why they published the rule in the way that they did; must provide some written notice to the public that they considered the comments of the public and came up with a final rule while considering these comments Formal Adjudications - ANS Like a regular court proceeding, presided over by an ALJ- but there is no jury. The ALJ will prepare findings of fact and conclusions of law as they apply to the stated facts; he/she then imposes a penalty or remedy as provided by law (if appropriate) Informal Adjudication - ANS No specific procedure required by APA; agencies are free to create their own processes (usually before an agency "hearing officer") as long as basic due process rules are followed (notice, fair hearing, opportunity to present defense) What law enforcement/investigative powers do administrative agencies typically have at there disposal as part of enforcement actions? - ANS Investigations, Inspections, Search Warrants, and Subpoenas Federal Register - ANS The official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. Code of Federal Regulations (CFR) - ANS The codification of the general and permanent rules and regulations (sometimes called administrative law) published in the Federal Register by the executive departments and agencies of the federal government of the United States. What is the importance, respectively, of the Federal Register and the Code of Federal Regulations? - ANS Their importance is to make the rules of administrative agencies public knowledge so that anyone can have the ability to read and understand them. What is enabling legislation? - ANS Legislation that gives admin agencies the authority to implement or enforce the law. What is exhaustion doctrine? - ANS A person challenging an agency decision must first pursue the agency's available remedies before seeking judicial review. What is the Chevron rule? - ANS Principle that compels federal courts to defer to a federal agency's interpretation of an ambiguous or unclear statute that Congress delegated to the agency. What controls on the bureaucracy does congress have? - ANS The enabling legislation, and is able to override regulations that they do not approve of. What controls on the bureaucracy does the president have? - ANS The President has the ability to appoint different directors and subheads that can control them. What controls on the bureacracy do the federal courts have? - ANS The courts can cut budgets, alter key programs, or hold a confirmation of a nominee to a top agency What are some of the major bureaucratic reform laws that Congress has passed starting in the mid-20th Century to "reel in" administrative agencies and their rulemaking powers? - ANS Freedom of Information Act, Privacy Act of 1974, Sunshine Act, Open Government Act, SBREFA