ACTUAL Questions and CORRECT
Answers
administrative agency - CORRECT ANSWER - 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 - CORRECT ANSWER - the constitutional right of Congress to
authorize government agencies to perform certain legal duties.
enabling statute - CORRECT ANSWER - legislative enactment granting power to an
administrative agency.
administrative law - CORRECT ANSWER - 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 - CORRECT ANSWER - 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 - CORRECT ANSWER - Administrative Procedure Act, adopted in 1946,
established procedures when agencies engage in quasi-legislative (rulemaking), or quasi-judical
(adjudication) functions
agency rule - CORRECT ANSWER - 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 - CORRECT ANSWER - 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 - CORRECT ANSWER - statements issued by administrative agencies
that explain how the agency understands its statutory authority to operate; these may be advisory
or binding.
procedural rules - CORRECT ANSWER - 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 - CORRECT ANSWER - 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 - CORRECT ANSWER - revised rules
final adopted rules - CORRECT ANSWER - 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 - CORRECT ANSWER - 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 - CORRECT ANSWER - 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 - CORRECT ANSWER - the power, exercised by the House, the
Senate, or both chambers jointly, to investigate problems facing the state