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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 |