Key Terms
Administrative agency
Governmental body created to implement and administer particular legislation.
Enabling act
The statute that creates an agency and defines the scope of its authority.
Executive agencies
Housed within the executive branch; the president appoints and oversees leadership and can replace leadership upon takin
Independent agencies
Not under the direction of the president or governor. Created when Congress wants to insulate agency work from politics
APA
Passed by Congress to protect the rights of businesses and individuals when interacting with federal agencies. It contro
Example
A tax agency can audit a business's returns without any suspicion of fraud.
Adjudication
The legal process of resolving a dispute. In the agency context, it is the trial-like procedure used to enforce agency a
Administrative Law Judge (ALJ)
The officer who presides over formal agency adjudications. Not a federal court judge; an agency official with judicial a
Exhaustion of administrative remedies
Must pursue all agency-level remedies before going to court.
Purpose
Prevent courts from being burdened by cases the agency could resolve on its own; also leverages the agency's subject mat
Standing
Must have a personal stake in the outcome to seek judicial review.
FOIA
Freedom of Information Act; passed 1966; gives citizens the right to request federal government information subject to n
How it works
1. Party sends a written request to the head of the agency identifying the subject 2.
Executive agency
Agency within the executive branch; subject to president's or governor's oversight.
Independent agency
Agency not under presidential or gubernatorial control; insulated from political influence; led by a bipartisan board or