Key Terms
Enabling act
Statute that creates an agency and defines the scope of its power.
Independent agency
Agency not under presidential or gubernatorial control; insulated from politics.
Why Congress creates independent agencies
1. To insulate agency work from political influence.
Examples
Federal Trade Commission (FTC), Central Intelligence Agency (CIA).
Example
The IRS can audit a business without any suspicion of wrongdoing.
Adjudication
Quasi-judicial agency function of resolving disputes through trial-like hearings.
Exhaustion of administrative remedies
Doctrine requiring a party to seek agency relief before going to court.
Standing
Requirement that a party have a personal stake in the outcome to seek judicial review.
Central purpose
Open up government workings to public scrutiny; keep the government accountable to the people and electorate.
Administrative agency
Governmental body with authority to implement and administer particular legislation.
Executive agency
Agency within the executive branch; subject to presidential control.
Administrative Procedures Act (APA)
Federal statute controlling all aspects of agency activity; guarantees uniformity and fairness.
Rulemaking
Quasi-legislative agency function of creating binding rules and regulations.
Formal rulemaking
On-the-record rulemaking with hearing and cross- examination; required by enabling statute.
Informal rulemaking
Notice-and-comment rulemaking; most common; no formal hearing required.