Exam 5: Administrative Law

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Regulations adopted by federal administrative agencies are published regularly in the Federal Register.

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Important moves to deregulate the airline, railroad, trucking, communications (radio, television, and telephone) and energy industries portend an end to the administrative agencies that have regulated these fields in the past.

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Describe the major powers of a typical administrative agency.

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The major powers include the power to make rules and regulations (quasi-legislation), to investigate, to enforce their orders (execution), and to review application of the rules to individuals (quasi-adjudication).​

The "Government-in-the-Sunshine" law prohibits certain agency meetings from being held in secret.

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Courts are reluctant to interfere with the regulatory process, hoping the agency will correct its own mistakes. This policy requires a complaining claimant to exhaust all available _______________ before resorting to the courts for relief.

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Administrative agencies apply much stricter standards regarding the admission of evidence in hearings than do the courts.​

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Ideally, members of regulatory boards should be experts on the problems of the industry being regulated, therefore staff members and board members are

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Explain what role administrative law and administrative agencies have had or will have in protecting the environment. Why is that role practically necessary?

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An agency that derives it power solely as an extension on one branch of government, and is controlled by that branch of government is not an independent administrative agency.

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Agency power is balanced by certain available external controls. They include

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A fair hearing before an administrative agency should include all of the following except

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It is unconstitutional for the legislative branch of government to delegate power to the executive branch.

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Joy had received five speeding tickets within one year. She was notified by her state's Department of Motor Vehicles that her license was suspended for six months but that she could appeal the suspension before a department hearing officer. Joy immediately filed a lawsuit claiming the suspension of her license violated her constitutional rights. Will her lawsuit be allowed?

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Issues of due process often arise when administrative agencies apply their rules in ways that concern property or other important rights affected by government.

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Discuss the arguments for a systematic reduction in regulation by government agencies.

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Rules or ____________ promulgated by an administrative agency under authority given to the agency by the enabling statute.

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The power to ___________ records is one of the important investigative tools available to administrative agencies.

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Which independent administrative agency regulates working conditions in privately owned factories and other work places?

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The Federal Trade Commission (FTC) was created by the Federal Trade Commission Act of 1914. The act prohibits unfair and deceptive trade practices, describes the procedures the agency must follow to charge violators, provides for judicial review of agency actions, provides the power to investigate, and the power to make rules and regulations. The law creating this agency is called a(n)

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An independent administrative agency does not have unlimited power, its authority is limited by its enabling statute.

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