Show:
Name the Agency
"Rule Making," "Investigation," or "Adjudication"
Limitations on Agency Powers
Admin. Agencies and the Constitution
Potpourri
100
The Dietary Supplement Health and Education Act of 1994 mandated that this agency regulate dietary supplements as foods, rather than as drugs
What is the FDA?
100
Power to issue a subpoena.
What is a Investigation?
100

Has control over the budgets of all administrative agencies as well as the power to create or dissolve an agency.

What is congress?

100
This doctrine helps ensure that courts don't have to decide hypothetical questions regarding agencies and that courts will only hear cases when they are "ripe" for decision
What is the ripeness doctrine?
100
Administrative agencies belong to this branch of government.
What is the executive branch?
200
Automobile manufacturers in the United States are required to provide fuel economy test results from this agency
What is the EPA (Environmental Protection Agency)?
200
Settlement via a consent order
What is adjudication?
200

Confers on "any person" the right to obtain agency records.

What is the Freedom of Information Act?

200
This controversial act gave the executive branch broad new powers in the name of fighting terrorism.
What is the Patriot Act?
200
This type of rule making in which representatives of interest groups and the concerned agency participate in mediated bargaining is commonly abbreviated at "reg-neg"
What is regulated negotiation?
300
This agency enacted 3-1-1 rules for liquids and gels in carry on luggage
What is TSA (Transportation Security Administration)?
300
Can be procedural, legislative, or interpretive.
What is rule making?
300

Prohibits disclosure of information about an individual to other agencies without written consent.

What is the Privacy Act?

300
Courts will uphold an agency's decisions unless they are deemed to be capricious and this 9 letter word meaning random or based on whim.
What is arbitrary?
300
This first administrative agency was created at the end of the 19th century. Today it's functions have been transferred to the Transportation Department.
What is the ICC (Interstate Commerce Commission)?
400
This agency stepped up censorship regulations following the Janet Jackson "wardrobe malfunction" during Super Bowl XXXVIII
What is the FCC (Federal Communications Commission)?
400
Appeal to full commission or head of an agency may be filed.
What is adjudication?
400

Enacted unanimously in 1946, sets forth guidelines that all agencies must follow.

What is the APA (Administrative Procedures Act)?

400

An agency's decision-making must conform to this or be found outside Congress's delegation of authority.

What is the "intelligible principle" standard?

400
Two of the three broad types of rules made by administrative agencies.
What are Procedural, interpretive, or legislative rules? (2 of 3)
500
This federal commission's main divisions include Trading and Markets and Investment Management
What is the SEC (Securities and Exchange Commission)?
500
Three steps include 1)Notice to the public, 2) Evaluation, and 3) Adoption
What is rule making?
500

Courts typically defer to this fact finding and expertise of which party?

What is the administrative agency?

500

Agencies get deference interpreting their own regulations under what doctrine?

What is Auer/Kisor deference?

500

Multimember structure, partisan balance requirements, set term tenure, for cause removal protection, litigation authority, budget authority

What are signs of agency independence?