Exam 43: Administrative Law

The __________ can exert authority through appointments, removal from office, and executive actions.

All administrative agencies, including independent agencies, are limited in their authority by the three-part system of the federal government.

All administrative agencies, including independent agencies, are limited in their authority by the __________ -part system of the federal government

State agencies have __________ executive, legislative, and adjudication discretion in matters of state administrative law.

Courts cannot review the scope of an agency's authority and may determine that the agency action violates the constitutional principle of separation of powers, or more specifically, the nondelegation doctrine.

Every time the legislature enacts legislation, an existing administrative agency must oversee the new law or a new agency must be created to oversee it.

Department, nondepartment, and independent agencies are collectively referred to as __________ agencies.

Agency rules that have legal effect and impact the rights of parties are known as legislative rules.

State administrative law often __________ the federal system in terms of how regulations are developed, implemented, and enforced.

The constitutional authority of administrative agencies fits within the president's Article II power to implement, or carry out, legislation.

The legislature cannot exert authority over administrative agencies through the power of the purse, advice and consent, and public hearings.

Under the APA, many of an agency's rulemaking duties are carried out through formal rulemaking procedures that are permitted under the basic structure of the APA.

State administrative law often mirrors the federal system in terms of how regulations are developed, implemented, and enforced.

The statutes that create an agency or give the agency explicit authority to implement a statute are called disabling statutes.

State agencies have broad executive, legislative, and adjudication discretion in matters of state administrative law.