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Admin Law Chpt 3
Admin law by Hall, Chapter 3
Question | Answer |
---|---|
lifeblood of the administrative process | informal procedures |
three places that civil rights are protected | federal constitution, state constitution, and statutory law |
when there are less rules and too many rules | discretion is at its highest |
when there are an appropriate amount of rules | discretion is at its lowest |
when there is little or too much discretion | fairness is lower |
when there is a moderate amount of discretion | fairness is higher |
acting outside the scope or legal limits | ultra vires |
processing of claims and applications | function of many administrative agencies |
recalls, seizures of goods, license suspensions, cease and desist orders, actions for civil penalties | forms of protective action |
protect the health, safety, economic well being of the public | agency functions authorized by statute |
establishing testing and inspection requirements | functions of an agency |
opinion issued by an agency, upon request that offers an interpretation of law or agency policy, practices or procedures | advisory opinion |
administrative equivalent of a judicial declatory judgement | declatory orders |
issued by an agency to terminate a controversy or remove uncertainty | declatory orders |
process of having a neutral third party intervene in a dispute in an attempt to assist the parties in reaching a resolution | mediation |
process of having the parties to a dispute present their evidence and arguments to a neutral third party for decision | arbitration |
another name for mediation | conciliation |