Logo
Pattern

Discover published sets by community

Explore tens of thousands of sets crafted by our community.

Administrative Law Basics

12

Flashcards

0/12

Still learning
StarStarStarStar

Administrative Procedure Act (APA)

StarStarStarStar

The APA is a federal statute that governs the procedures and practices of administrative agencies. It ensures agencies provide fair and transparent processes, including requirements for rulemaking, adjudication, and providing public notices of agency actions. Its importance lies in providing the legal framework for federal administration, thus enhancing accountability and procedural rights.

StarStarStarStar

Rulemaking

StarStarStarStar

Rulemaking is the process by which administrative agencies create new regulations. It often involves public notice, comment periods, and the drafting of rules. Rulemaking is important because it allows agencies to implement legislation and regulate various activities, while providing the public with a voice in the administrative process.

StarStarStarStar

Final Rule

StarStarStarStar

A Final Rule is the last step in the administrative rulemaking process, where the agency issues the official regulation after considering public comments. It has legal force upon publication and can be enforced. The importance lies in its binding nature, affecting individuals and businesses that operate under its scope.

StarStarStarStar

Administrative Discretion

StarStarStarStar

Administrative discretion refers to the flexible decision-making authority granted to administrative agencies. This allows agencies to interpret and apply regulations and policies to suit particular cases. The importance of discretion lies in enabling agencies to effectively deal with diverse and complex matters.

StarStarStarStar

Regulatory Capture

StarStarStarStar

Regulatory capture occurs when a regulatory agency is co-opted to serve the commercial or special interests of the industry it is supposed to regulate, rather than the public's interest. It is significant because it can lead to suboptimal regulation and undermines the integrity of the regulatory process.

StarStarStarStar

Delegation Doctrine

StarStarStarStar

The Delegation Doctrine is a principle allowing Congress to delegate its legislative authority to administrative agencies. However, Congress must provide an 'intelligible principle' for guidance. This doctrine is crucial for administrative law as it permits the creation and empowerment of agencies to address complex issues.

StarStarStarStar

Chevron Deference

StarStarStarStar

Chevron Deference is a legal doctrine established by the Supreme Court that provides that courts should defer to agency interpretations of ambiguous statutes as long as they are reasonable. This is important to administrative law, as it grants agencies flexibility in interpretation and reinforces the expertise of agencies in their specific domains.

StarStarStarStar

Ex Parte Communication

StarStarStarStar

Ex parte communication refers to any communication between a party involved in an administrative proceeding and the decision-making body without the presence of or notification to the other parties. This is typically prohibited to ensure fairness and impartiality in agency decision-making.

StarStarStarStar

Freedom of Information Act (FOIA)

StarStarStarStar

FOIA is a federal law allowing for the full or partial disclosure of previously unreleased information controlled by the United States government. It is important for administrative law as it promotes transparency and accountability by permitting citizens access to government information.

StarStarStarStar

Standing to Sue

StarStarStarStar

Standing to sue is a legal principle determining whether a party has the legal right to bring a lawsuit to court. A party must demonstrate they have suffered a direct injury. This is important for administrative law since it prevents just anyone from challenging agency actions, ensuring only those affected can sue.

StarStarStarStar

Adjudication

StarStarStarStar

Administrative adjudication refers to the legal process through which administrative agencies resolve disputes and enforce regulations. It allows for decision-making that can affect rights or duties of specific parties. Adjudication is important in ensuring decisions are made fairly and are based on evidence, through a process similar to a court trial.

StarStarStarStar

Notice-and-Comment

StarStarStarStar

Notice-and-comment is a stage in the rulemaking process where an agency publishes a proposed rule in the Federal Register and seeks feedback from the public. This process is important because it ensures transparency and public involvement, giving individuals and entities a chance to influence policy.

Know
0
Still learning
Click to flip
Know
0
Logo

© Hypatia.Tech. 2024 All rights reserved.