Key Terms
Administrative agency
Governmental body that implements and administers specific legislation
Enabling act
Statute that creates an agency and defines its scope of power
Purpose
Guarantee uniformity and fairness across all federal agencies.
Key difference from law enforcement
Agencies do NOT need probable cause to begin an investigation. They can investigate simply to ensure rules are being fol
Example of this
The IRS can audit a business without any suspicion of wrongdoing.
Adjudication
Trial-like agency process for resolving disputes and determining violations
Exhaustion of administrative remedies
Must pursue all internal agency remedies before going to court
Why it exists
Keeps courts from being burdened by cases the agency could have resolved itself. Courts also defer to agency expertise o
Practical effect
You cannot skip the internal agency appeal and go straight to a judge.
Standing
Must have personal stake in outcome to seek judicial review
Central purpose
Open up government workings to public scrutiny; keep government accountable to the people.
Executive agency
Part of executive branch; under presidential/gubernatorial control
Independent agency
Insulated from executive political control; governed by staggered multi-member boards
APA (Administrative Procedures Act)
Federal statute controlling all aspects of agency activity; guarantees uniformity and fairness
Formal rulemaking
On-the-record rulemaking with hearing, evidence, and cross-examination; required by enabling statute