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Administrative Law Flashcards

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Administrative Law

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Administrative law governs the procedures and operations of government agencies, as well as their rule-making activities and enforcement powers.
An administrative agency is a governmental body established to implement and administer certain public policies and regulations within a specific area of authority granted by the legislature.
Legislative rules are legally binding regulations issued by agencies pursuant to a statutory authority and through a formal rulemaking process. Non-legislative rules are agency interpretations, guidance documents, or procedural rules that do not carry the force of law.
The rulemaking process is the procedure agencies follow to create, amend, or repeal regulations. It typically involves steps like publishing a proposed rule, soliciting public comments, reviewing comments, and issuing a final rule.
The APA is a federal statute that governs the procedures for rulemaking and adjudication by federal administrative agencies, aiming to ensure fairness, transparency, and public participation.
Notice-and-comment rulemaking is a procedure required by the APA for most agency rules, where the agency publishes a proposed rule and provides an opportunity for public comments before issuing a final rule.
An adjudication is a quasi-judicial process by which an administrative agency resolves disputes or issues orders involving specific individuals or entities, such as granting or denying licenses or permits.
Judicial review refers to the authority of courts to review the legality and reasonableness of agency decisions, rules, and actions, and to determine if the agency acted within its statutory authority.
The Chevron deference is a legal principle that requires courts to defer to an agency's reasonable interpretation of ambiguous statutory language, as long as the agency's interpretation is permissible under the statute.
The nondelegation doctrine is a constitutional principle that prohibits Congress from delegating its legislative powers to other entities, such as administrative agencies, without providing an intelligible principle to guide the exercise of such delegated authority.