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Administrative Law
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


4-36 Administrative Law 36.syn


Title

Agency Orders

Author

Jacob A. Stein; Glenn A. Mitchell; Basil J. Mezines; Joan Mezines Kimmich

Chapter Summary


ABSTRACT TEXT:

This chapter discusses the nature of an administrative agency order, which is defined in the Administrative Procedure Act as the whole or a part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, in a matter other than rule making but including licensing.

The chapter begins by distinguishing adjudication, which is the agency process for the formulation of an order, from rulemaking, which is a proceeding resulting in the formulation of policy type rules. The chapter discusses the factors considered in determining whether an agency action constitutes adjudication or rulemaking, as well as the hearing procedures required based on the type of proceeding. The chapter also explains the finality component of an agency order and the determination of whether the disposition has some determinate consequences for the parties. In addition, the chapter explores the process of an agency's review of initial decisions by presiding officers, as well as interlocutory appeals of rulings by presiding officers on evidentiary or procedural matters. It also covers the scope of review and the standard of review.

Administrative Law (Matthew Bender) is a current, objective, and authoritative 6-volume treatise and guide, with a special emphasis on federal agencies. It analyzes all aspects of administrative law and the administrative process, including adjudications, hearings, and licenses. Case law on issues is categorized by district and circuit courts, which facilitates research on precedence in the desired jurisdiction. It also includes forms and primary source material for practice.

CORE TERMS:

Administrative Agencies,Agency Order,Administrative Procedure Act,APA,Final Order,Adjudication,Hearing Procedures,Agency Review,Interlocutory Appeal,Scope of Review,Standard of Review

OTHER RELATED CHAPTERS: (View)

For further discussion of the adjudication process and agency orders, see Ch. 33, Administrative Adjudications; and Chs. 38-40 of Part VIII, Administrative Decision-Making.

For a discussion of judicial review of agency orders, see Chs. 43-52 of Part X, Judicial Review.

OTHER RELATED PUBLICATIONS:

For further discussion of agency orders, including information on the review of orders, see:
  • Antieau on Local Government Law, Second Edition, Ch. 26, Exercise of Authority by Local Administrative Agency (Matthew Bender).
  • Federal Standards of Review, Ch. 14, Administrative Decisionmaking and Availability of Review; Ch. 15, Review Standards; Ch. 16, Review Based on Nature of Agency Procedure; and Ch. 17, Review Based on Nature of Agency Decision (Matthew Bender).
  • Moore's Federal Practice--Civil, Ch. 205, Reviewability of Issues; Ch. 315, Review or Enforcement of an Agency Order--How Obtained; Intervention; Ch. 320, Applicability of Rules to the Review or Enforcement of an Agency Order; and Ch. 409, Jurisdiction over Administrative Agencies and Orders (Matthew Bender).
 
 
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