MIE 305 Test 2 Questions And Answers 100% Verified

MIE 305 Test 2 Questions And Answers 100% Verified administrative law - answerthe body of law created by administrative agencies in order to carry out their duties & responsibilities administrative agency - answera federal or state government agency established to perform a specific function national/cabinet level agencies - answerexecutive agencies -exist within cabinet departments -subject to the authority of the president, who can appoint/remove officers -ex. Food & Drug Administration - within the US Dept of Health and Human Services federal level agencies - answerindependent regulatory agencies -Federal Trade Commission, Securities and Exchange Commission, Federal Communications Commissions -Presidents power less pronounced - officers serve fixed terms and cant be removed without justification state level agencies - answercreated as a parallel to a federal agency -ex. pollution- control agency reasons for rise in administrative agencies - answer-growth of nation geographically and politically increasing complexity of governance -legislature makes more aggressive use of its powers of delegation -states develop more complex administrative systems too independent regulatory agencies - answercreated to enforce specific statutes that require a regulatory scheme -heads appointed by President government corps - answerFDIC FSLIC USPS Amtrak CPB FCIC enabling legislation - answera statute enacted by Congress that authorizes the creation of an administrative agency & specifies the name, composition & powers of the agency being created legislative rules - answeran administrative agency rule that carries the same weight as a congressionally enacted statute interpretive rule - answeran administrative agency rule that explains how the agency interprets and intends to apply the statutes it enforces -not legally binding delegation doctrine - answera doctrine based on the US Constitution, which has been construed to allow Congress to delegate some of its power to administrative agencies to make & implement laws -Article 1 Section 1& 8 Administrative Procedures Act (APA) - answerpurpose- to improve the admin of justice by prescribing fair administrative procedure -governs administrative procedure in the absence of instructions to the contrary from Congress -provides more judicial control over administrative agencies APA: agency found arbitrary and capricious if... - answer1. failed to provide a rational explanation for its decision 2. changed its prior policy without justification 3. considered legally inappropriate factors 4. failed to consider a relevant factor 5. rendered a decision plainly contrary to the evidence rulemaking - answerthe actions of administrative agencies when formally adopting new regulations or amending old ones 3 steps of rule making - answer1. notice of proposed rulemaking - publication in Federal Register 2. comment period 3. final rule - publication on Code of Federal Regulations enforcement investigation - answeragency enforces its rules by conducting investigations to monitor compliance -may come from outside report, routine testing, etc -inspections and tests (safety, inspections, etc), subpoenas, search warrants ad testificandum - answerto testify -ordinary subpoenas -a writ, order compelling a witness to appear at an agency hearing duces tecum subpoena - answer-bring it with you -compels individual/organization to hand over books, papers, records or documents to the agency adjudication - answer-early stages: alleged violators notified of agency objections may be given opportunity to engage in a negotiated settlement -formal complaint: if & when the negotiated settlement option fails, agency will file & hearing will be before an ALJ, many of the same powers & responsibilities of an Article III judge -hearing: must provide procedural due process to the charged party; ALJ will issue an initial order (verdict), which is appealable to the Supreme authority of the agency, then to US Court of Appeals