Key Terms
Enabling Act
Statute that creates an agency and defines its scope of power.
Adjudication
Quasi-judicial function; trial-like agency process to resolve disputes over law or regulation violations.
BUT
Before going to court, two requirements must be satisfied.
Exhaustion of Administrative Remedies
Must pursue all agency-level remedies before seeking judicial review.
Standing
Must have a personal stake in the outcome to seek judicial review.
FOIA
Freedom of Information Act (1966); mechanism for public to request federal government information.
Central purpose
Open the workings of government to public scrutiny; keep the government accountable to the people and the electorate.
Source scenario from the text
A company self-reported to an agency that it may have overcharged the government. After a settlement, a competitor's tra
Administrative Agency
Governmental body with authority to implement and administer particular legislation.
Executive Agency
Agency within the executive branch; subject to presidential/gubernatorial direction.
Independent Agency
Agency not under presidential or gubernatorial control; insulated from politics; run by multi-member boards.
Administrative Procedures Act (APA)
Federal statute controlling all aspects of federal agency activity; guarantees uniformity and fairness.
Rulemaking
Quasi-legislative function; agencies create rules within the scope of their enabling act.
Formal Rulemaking
On-the-record rulemaking with hearing, evidence, and cross-examination; required by statute; expensive and slow.
Informal Rulemaking
Proposed rule + public comment period; no formal hearing required; most common type.