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Legal Environment
Chapter 5
Term | Definition |
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Adjudication | The proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm with an agency violation. |
Administrative Agency | A federal or state government agency established to perform a specific function. |
Administrative Law | The body of law created by administrative agencies in order to carry out their duties and responsibilities. |
Administrative Law Judge (ALJ) | One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact. |
Administrative Process | The procedure used by administrative agencies in the administration of law. |
Bureaucracy | The organizational structure, consisting of government bureaus and agencies, through which the government implements and enforces the laws. |
Delegation Doctrine | A doctrine based on the U.S. -Constitution, which has been construed to allow Congress to delegate some of its power to administrative agencies to make and implement laws. |
Enabling Legislation | A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, and powers of the agency being created. |
Final Order | The final decision of an administrative agency on an issue. |
Initial Order | An agency’s disposition in a matter other than a rulemaking. An administrative law judge’s initial order becomes final unless it is appealed. |
Interpretive Rule | An administrative agency rule that is simply a statement or opinion issued by the agency explaining how it interprets and intends to apply the statutes it enforces. |
Legislative Rule | An administrative agency rule that carries the same weight as a congressionally enacted statute. |
Notice-and-Comment Rulemaking | A procedure in agency rulemaking that requires notice, opportunity for comment, and a published draft of the final rule. |
Rulemaking | The actions of administrative agencies when formally adopting new regulations or amending old ones. |