BLAW 310 CHAPTER. 5 NEW PRACTICE EXAM QUESTIONS AND ANSWERS SOLUTION 2022.

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BLAW 310 CHAPTER. 5 NEW PRACTICE EXAM QUESTIONS AND ANSWERS SOLUTION 2022 adminsitrative agencies - issue regulations that make up the body of administrative law administrative law - The body of la... w created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities administrative agency - A federal or state government agency created by the legislature to perform a specific function yes - do administrative agencies exists at all levels of government? congress - who creates federal administrative agencies? enabling legislation Congress - example of a federal administrative agency? A statute that specifies the name, functions, and specific powers of an administrative agency * federal administrative agencies can only exercise powers ____________ delegates to them * - executive controls - legislative controls - judicial controls - administrative procedure act (APA) - agency powers and the constitution? administrative procedure act - agency powers & the constitution - arbitrary & capricious test - fair notice Rulemaking - the administrative process ___________________ : the formation of new regulations This study source was downloaded by 100000840275362 from CourseHero.com on 04-29-2022 08:45:06 GMT -05:00 https://www.coursehero.com/file/142082516/BLAW-310-CHAPTER-5-NEW-PRACTICE-EXAM-QUESTIONS-AND-ANSWERS-SOLUTION-2022pdf/ notice and comment rule making 1. notice of the proposed rule making 2. comment period 3. final rule - 3 steps involved in notice and comment rule making? Enforcement Investigation - the administrative process agency enforces its rules by conducting investigations to monitor compliance - might begin when an agency receives a report of possible violation > inspections & tests > subpoenas > search warrants Adjudication - the administrative process resolution of dispute through a hearing by the agency > negotiation settlements > formal complaints > role of the administrative law judge > hearing procedures > agency orders yes Ex. 66 bug parts allowed per chocolate bar - do administrative agencies have a lot of discretion (wiggle room) to interpret their own agency rules? judicial differences in administrative agency decisions - Ex. PB oil spill (ex. of how agencies create their own rules) courts go off of the agencies established laws - did congress directly address the issue in dispute in the statue? > if it was, the statutory language wins - if the statue is silent or ambiguous, is the agency's interpretation "reasonable" ? [Show More]

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