Key Terms
Enabling act
Statute that creates an agency and defines its scope of power
KEY DIFFERENCE FROM LAW ENFORCEMENT
Agencies do NOT need probable cause to initiate an investigation. They can investigate simply to ensure rules are being
Specifically
A business CANNOT assert a Fifth Amendment right against self-incrimination to prevent agencies from obtaining business
Adjudication
Agency's quasi-judicial function; trial-like procedure for resolving disputes; can be formal or informal
ADMINISTRATIVE LAW JUDGE (ALJ)
The officer who presides over formal adjudication. Separate from the regular federal judiciary.
Why
To prevent courts from being burdened by cases where judicial relief is unnecessary. Also, agencies have subject matter
Passed
1966 by Congress
Central purpose
To open up the workings of government to public scrutiny; to keep the government accountable to the people and the elect
Facts
AT&T received a federal grant to promote communications in schools. AT&T self-reported to the FCC that it may have overc
After settlement
A trade association representing AT&T's competitors made a FOIA request to the FCC for documents related to the investig
Supreme Court ruling
Unanimous decision that corporations do NOT have a personal privacy right like individuals do. FCC disclosed the informa
Administrative agency
Governmental body that implements and administers particular legislation
Executive agency
Agency under the direction of the president or governor; within the cabinet at the federal level
Independent agency
Agency NOT under direction of the president or governor; insulated from politics; bipartisan boards
Administrative Procedures Act (APA)
Federal statute controlling all aspects of agency activity; ensures uniformity and fairness