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MIE 305_ Exam 2 (Chapter 8) (1).
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MIE 305_ Exam 2 (Chapter 8) (1).
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MIE 305: Exam 2 (Chapter 8)administrative law - ANS-The body of law created by administrative agencies (in the form of
rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.
Administrative agency - ANS-entity of gov charged w/ implementing provisions of a statute
through enforcement and adjudication (congress makes policy, admin agency implements)
categorize admin agencies in fed system - ANS-1. cabinet
2. executive
3. independent
Max Weber - ANS-bureacracy = bureaus rule
how are admin agencies created? - ANS-congress creates and enabling act (legislation)
assigns to new agency
nondelegation doctrine - ANS-The principle in administrative law that congress cannot delegate
its legislative powers to agencies. Rather, when it instructs agencies to regulate, it must give
them an "intelligible principle" on which to base their regulations.
J.W. Hampton, Jr. & Co. v. United States (1928) - ANS-Establishes the "intelligible principle",
Therefore, Congress cannot give an outside agency free reign to make law, but it can authorize
the agency to flesh out the details of a law Congress has already put in place. In this case the
executive branch was enforcing legislation instead of creating new legislation, by changing the
tariff under the law that was passed by Congress.
intelligible principle - ANS-Congress must specify the agency that is supposed to perform tasks,
the public policy it will be working on, and boundaries and limitations on what it can do (when
agency acts it must stay within the boundaries given by congress)
administrative procedure act of 1946 - ANS-Before adopting a new rule or policy, an agency
must give notice, solicit comments, and (often) hold hearings
four things apa estbalishes - ANS-1. requires agency to keep public informed
2. public participation in rulemaking
3. unifrom standards for rulemaking
4. defines scope of judicial review
rule making agency - ANS-informal (notice and comment) and formal which is an agency's
enabling statute determining the rules they're trying to issue
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