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6 Cards in this Set
- Front
- Back
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Informal Rule-Making |
- Ok for procedural rules interpretive rules called regulation
- Agencies sometimes try to hide substantive rules as interpretive or procedural to avoid formal rule-making |
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Formal Rule-making
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- Mandated by the APA
- Required for substantive rules |
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The power required for agencies to carry out their duties
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Investigatory power
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"Open Field" Observation
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- EPA hired aerial photographer
- Supreme Court held that it was not an area DOW could claim as private |
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Adjudicatory Powers and Procedures
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- Most controversial power
- Agency is both prosecutor and judge |
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Typical Procedure
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- Due process still applies
- No absolute right to an attorney - No jury - Appeals go to review board of agency - Eventually can appeal to U.S. Court of Appeals |
