BUS220 - Chapter 6
Terms
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- Entitlement Program
- Government program that administers benifits who qualify for them. Economic regulation to control the public welfare.
- Economic Regulation
- One aspect of the powers of administrative agencies authorizing an agency to regulate and monitor a type of business, such as the banking industry.
- Public Welfare
- Government protection and entitlement programs that benifit the public at large.
- Lobbyist
- A person or private interest who attempts to influence government before decisions are made.
- Line Agency
- Administrative agency under the direct control ofthe president of the UNited States; for example, the Department of Labor.
- Executive Agency
- See "Line Agency"
- Independent Agency
- Administrative agency that is not under the control of the president or Congress but freestanding. Has a commission created by Congress and is headed by a commissioner.
- Government Agency
- Administrative agency created by Congress to administera quasi-business venture generating its own revenue; U.S. Postal Office
- Quasi-Official Agency
- Created by Congress, but the agency does not have the same authority as line, independent, or government agencies.
- Enabling Act
- Congressional legislation that creates an administrative agency, determined in structure, and defines its powers.
- General Policy Statement
- Statement that sets out in broad terms the particular philosophy, mission, and objectives of a government agency.
- Administrative Procedure Act of 1946 (APA)
- Federal statute that acts as a constitution for administrative agencies; provides standardized administrative agency practices and governs how an administrative agency conducts its business.
- Quasi-Legislative Function
- Administravive agency power to promulgate rules that have the effect of law.
- Quasi-Executive Function
- Administrative agency power to ensure compliance with the rules and to conduct investigations.
- Quasi-Judicial Function
- Administrative power to prosecute cases, render judgments, and impose penalties if violation occurs.
- Procedural Rules
- Type of administrative agency rule that governs the internal practices of an agency.
- Interpretive Rules
- Statement by an administrative agency as to how it interprets the statute it is charged with administering; published in the Federal Register.
- Substantive Rules
- Administrative agency rule that is not procedural or interpretive in nature.
- Informal Rule Making
- Rule making that consists of notice and comment; most commonly used by administrative agencies to promulgate rules.
- Formal Rule Making
- Rule making that requires an agency to conduct a hearing before it can adopt a rule. Contrast with informal rule making.
- Concent Decree
- Agreement signed by an administrative law judge after the government and business have reached a voluntary agreement. This type of decree can be enforced in court.
- Order
- Decision of the administrative law judge; final disposition of a case between the government and a party in a lawsuit.
- Doctrine of Exhaustion of Remedies
- A business or person must use all procedures for appeal of an administrative agency before filing an action in court.
- Substantial Evidence
- Evidence that a reasonable person mught accept as adequate to support a conclusion.
- Freedom of Information Act of 1996 (FOIA)
- Amendment to the Administrative Procedure Act that makes all nonexempt information held by federal agencies available to the public.
- Electronic Freedom of Information Act
- A federal statute that makes is possible for the public to have free electronic access to governement documents on the internet without having to make a formal request under the Freedom of Information Act.
- Privacy Act of 1974
- Amendment tot he Administrative Procedures Act that protects individuals who are citizens or legal aliens from uncontroled transfer of certain personal information to federal agencies for nonroutine use.
- Equal Access to Justice Act
- A federal statute that allows an individual or small business to recover legal fees, expert witness fees, and other expenses involving an action by U.S. government, if the government action was not substantially justified.
- Sunshine Act
- Amendment to the Administrative Procedures Act that prohibits administrative agencies from holding secret meetings.
- Regulatory Flexibility Act of 1980
- Amendment to the Administrative Procedures Act that requires and agency to publish in a federal register twice each year a special regulatory flexibility agenda.
- Sunset Laws
- Law that establishes the automatic expiration date for an administrative agency.
- Judicial Deference
- Term meaning that a court does not reverse an agency action unless the court finds that agency in violation of a condition set out by the Administrative Procedure Act.