BLAW 3310 FINAL EXAM (MILLER) QUESTIONS AND
ANSWERS
administrative agency - Answers -a governmental bureau established by Congress (or
the president) to execute certain functions of Congress. Agencies transact government
business and may write and enforce regulations under the authority of Congress or the
president.
delegation of powers - Answers -the constitutional right of Congress to authorize
government agencies to perform certain legal duties.
enabling statute - Answers -legislative enactment granting power to an administrative
agency.
administrative law - Answers -rules and regulations established by administrative
agencies to execute the functions given them by Congress or the president; also the law
that governs how agencies must operate.
rulemaking - Answers -in administrative law, the procedures that agencies must follow
when issuing rules to interpret or enforce the statutory authority they were granted by
Congress.
APA - Answers -Administrative Procedure Act, adopted in 1946, established
procedures when agencies engage in quasi-legislative (rulemaking), or quasi-judical
(adjudication) functions
agency rule - Answers -in administrative law, a rule issued by a regulatory agency
under its powers granted by Congress and subject to procedural requirements that
detail the legal obligations of affected parties.
substantive or legislative rules - Answers -administrative rulings based on statutory
authority granted an agency by Congress; the rules have the same legal force as
statutes passed by Congress.
interpretative rules - Answers -statements issued by administrative agencies that
explain how the agency understands its statutory authority to operate; these may be
advisory or binding.
procedural rules - Answers -under the Administrative Procedure Act or other legislation,
the process that an administrative agency must follow for its actions to be valid.
notice and comment period - Answers -The statutory timeframe during which an
agency publishes a proposed regulation and receives public feedback on the regulation.
When this period expires, the regulation takes effect.
, revised rules - Answers -revised rules
final adopted rules - Answers -After an agency conducts a public hearing and reviews
submitted comments, the agency must publish the final, or adopted, rule 30 days to
apply on website
adjudicatory hearing - Answers -in administrative law, a formal process involving a
regulatory agency and the private parties involved in a complaint; procedures are more
informal than a court trial but protect due process rights.
administrative law judge - Answers -a person appointed to conduct an administrative
hearing about a regulatory matter. Usually attorneys who work for the administrative
agency, such as the Federal Trade Commission, serve in this capacity. They run a trial-
like proceeding and issue a decision in the matter based on the facts determined at the
hearing.
Investigative Power - Answers -the power, exercised by the House, the Senate, or both
chambers jointly, to investigate problems facing the state
Judicial Deference - Answers -the condition of a court yielding or submitting its
judgment to that of another legitimate party, such as the executive branch in the case of
national defense.
Agency Subpoena Power - Answers -An agency may issue a subpoena in connection
with an investigation if it shows:
1. it has authority to engage in the investigation;
2. the evidence sought is reasonably related to the investigation; and
3. there is an authentic factual basis to warrant the particular investigation.
standing - Answers -the right to sue in a particular court.
ripeness doctrine - Answers -in administrative law, a doctrine that before a matter may
be appealed to the court system, an agency must have finalized its decision, so the
matter is ready for court review.
exhaustion doctrine - Answers -a rule that when a statute provides an administrative
remedy, relief must be sought through appropriate agency process before a court can
act to consider other relief.
arbitrary and capricious - Answers -a judgment or decision, by an administrative
agency or judge, which is without basis in fact or in law. Such a decision is often
referred to as being without a rational basis.
ANSWERS
administrative agency - Answers -a governmental bureau established by Congress (or
the president) to execute certain functions of Congress. Agencies transact government
business and may write and enforce regulations under the authority of Congress or the
president.
delegation of powers - Answers -the constitutional right of Congress to authorize
government agencies to perform certain legal duties.
enabling statute - Answers -legislative enactment granting power to an administrative
agency.
administrative law - Answers -rules and regulations established by administrative
agencies to execute the functions given them by Congress or the president; also the law
that governs how agencies must operate.
rulemaking - Answers -in administrative law, the procedures that agencies must follow
when issuing rules to interpret or enforce the statutory authority they were granted by
Congress.
APA - Answers -Administrative Procedure Act, adopted in 1946, established
procedures when agencies engage in quasi-legislative (rulemaking), or quasi-judical
(adjudication) functions
agency rule - Answers -in administrative law, a rule issued by a regulatory agency
under its powers granted by Congress and subject to procedural requirements that
detail the legal obligations of affected parties.
substantive or legislative rules - Answers -administrative rulings based on statutory
authority granted an agency by Congress; the rules have the same legal force as
statutes passed by Congress.
interpretative rules - Answers -statements issued by administrative agencies that
explain how the agency understands its statutory authority to operate; these may be
advisory or binding.
procedural rules - Answers -under the Administrative Procedure Act or other legislation,
the process that an administrative agency must follow for its actions to be valid.
notice and comment period - Answers -The statutory timeframe during which an
agency publishes a proposed regulation and receives public feedback on the regulation.
When this period expires, the regulation takes effect.
, revised rules - Answers -revised rules
final adopted rules - Answers -After an agency conducts a public hearing and reviews
submitted comments, the agency must publish the final, or adopted, rule 30 days to
apply on website
adjudicatory hearing - Answers -in administrative law, a formal process involving a
regulatory agency and the private parties involved in a complaint; procedures are more
informal than a court trial but protect due process rights.
administrative law judge - Answers -a person appointed to conduct an administrative
hearing about a regulatory matter. Usually attorneys who work for the administrative
agency, such as the Federal Trade Commission, serve in this capacity. They run a trial-
like proceeding and issue a decision in the matter based on the facts determined at the
hearing.
Investigative Power - Answers -the power, exercised by the House, the Senate, or both
chambers jointly, to investigate problems facing the state
Judicial Deference - Answers -the condition of a court yielding or submitting its
judgment to that of another legitimate party, such as the executive branch in the case of
national defense.
Agency Subpoena Power - Answers -An agency may issue a subpoena in connection
with an investigation if it shows:
1. it has authority to engage in the investigation;
2. the evidence sought is reasonably related to the investigation; and
3. there is an authentic factual basis to warrant the particular investigation.
standing - Answers -the right to sue in a particular court.
ripeness doctrine - Answers -in administrative law, a doctrine that before a matter may
be appealed to the court system, an agency must have finalized its decision, so the
matter is ready for court review.
exhaustion doctrine - Answers -a rule that when a statute provides an administrative
remedy, relief must be sought through appropriate agency process before a court can
act to consider other relief.
arbitrary and capricious - Answers -a judgment or decision, by an administrative
agency or judge, which is without basis in fact or in law. Such a decision is often
referred to as being without a rational basis.
