1 / 10

Twomey & Jennings BUSINESS LAW

Twomey & Jennings BUSINESS LAW. Chapter 6 Administrative Agencies. Nature of the Administrative Agency. Purpose and Uniqueness of Administrative Agencies. Open Operation of Administrative Agencies. Open Records: FOIA. Open Meetings: Sunshine Act. Public Agency Guidelines.

brigitte-lennon
Download Presentation

Twomey & Jennings BUSINESS LAW

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Twomey & JenningsBUSINESS LAW Chapter 6 Administrative Agencies

  2. Nature of the Administrative Agency • Purpose and Uniqueness of Administrative Agencies. • Open Operation of Administrative Agencies. • Open Records: FOIA. • Open Meetings: Sunshine Act. • Public Agency Guidelines.

  3. Five Commissioners, with One Serving as Chair Office of Public Information Executive Director Secretary Policy Planning and Evaluation General Counsel Administrative Law Judges Assistant Executive Director for Management Bureaus Competition Consumer Protection Economics Structure of the Federal Trade Commission

  4. open records open meetings public announcement of actions procedural rights in hearings and enforcement requests for documents copying and disclosure of documents advance notice of meeting open to public advance disclosure of agenda items Laws Governing Administrative Agencies Administrative Procedure Act (APA) Freedom of Information Act (FOIA) Sunshine Act (open meeting law)

  5. We, the People Executive Branch Legislative Branch Judicial Branch Limited Review The Administrative Agency Executive Function Legislative Function Judicial Function Appeal We, the People The Administrative Chain of Command

  6. Agency Powers • The administrative agency combines the three functions that are kept separate under our traditional governmental system: • Legislative: adopts regulations that have the force of law. • Executive: carries out and enforces the regulations, makes investigations, and requires the production of documents. • Judicial: acts as a court to determine if there has been a violation of any regulation.

  7. Adoption of Regulations Enabling act Study Draft of Rules Publication of Proposed Rules Rules Modified and RepublishedOR Public Comment, then… Rules AdoptedOR Rules Modified, then Adopted

  8. Motor Vehicles Manufacturers Ass’n. v State Farm Mutual Insurance Co. (1983) Seat Belts and Air Bags and Rules, Oh My! Adoption of Regulations • Public Comment Period.

  9. FDA v Brown & Williamson Tobacco Corp (1999) Is Inhaling Subject to FDA Regulation or Is Smoking Just Bad for Your Health? Judicial Power of the Agency • Appeal from Administrative Action and the Finality of Administrative Determination. • Fact or Law issues.

  10. San Diego Air Sports Center Inc. v Federal Aviation Administration (1989) Get Off of My Cloud, er, Parachute. Judicial Power of the Agency • Failure to Follow Judicial Procedures. • An agency’s actions can be set aside if it fails to follow proper procedures.

More Related