Key Terms
Administrative agency
Governmental body that implements and administers specific legislation.
Enabling act
Statute that creates an agency and defines its power.
Example
The IRS can audit a business's taxes without any suspicion of wrongdoing.
Adjudication
Agency's quasi-judicial function; resolves disputes over violations.
Exhaustion of administrative remedies
Must pursue all agency-level relief before seeking judicial review.
Standing
Must have a direct personal stake in the outcome to seek review.
Executive agency
Agency within the executive branch, accountable to the president or governor.
Independent agency
Agency not under presidential or gubernatorial control; insulated from political influence.
APA (Administrative Procedures Act)
Federal law controlling all aspects of agency activity to ensure uniformity and fairness.
Rulemaking
Agency's quasi-legislative function; creates regulations.
Formal rulemaking
On-the-record, hearing required, cross-examination allowed.
Informal rulemaking
Notice + public comment; no formal hearing; most common.
Hybrid rulemaking
Notice + hearing, but no cross-examination.
Administrative law judge (ALJ)
Official who presides over formal adjudications.
FOIA (Freedom of Information Act)
1966 law giving public the right to request federal government information.