1 / 11

ADMINISTRATIVE REGULATION

ADMINISTRATIVE REGULATION. Approaches to Social Problems: “The Market” The Courts Legislation Administrative Agencies. Administrative Agencies: Advantages. Expertise Combination of Functions Executive Legislative Judicial Procedural Flexibility Speed / Cost . Agency Functions.

MikeCarlo
Download Presentation

ADMINISTRATIVE REGULATION

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. ADMINISTRATIVE REGULATION • Approaches to Social Problems: • “The Market” • The Courts • Legislation • Administrative Agencies

  2. Administrative Agencies:Advantages • Expertise • Combination of Functions • Executive • Legislative • Judicial • Procedural Flexibility • Speed / Cost

  3. Agency Functions • Legislative: • Make Rules (Regulations) • Executive: • Enforce and Administer Regulations • Judicial: • Adjudicate Complaints under Regulations

  4. Controls on Agency Action: Legislative Controls: • Enabling / Organic Act -- creates agency • Amend or Repeal Enabling / Organic Act • Approve Appointments to Agency • Budget • Oversight Hearings • Specific Legislation

  5. Specific Legislation as Control on Agency Action: • Administrative Procedures Act (APA) • Freedom of Information Act • Open Meetings Laws • Federal Privacy Act • Sunset Laws • Zero-Based Budgeting • Ombudsman

  6. Controls on Agency Action: Executive Controls: • Appoint Officials of Agency • Budget -- Approve Actual Spending • Veto Legislation affecting Agency • Office of Management & Budget (OMB) Review -- Cost & Benefit Analysis of Regulations

  7. Controls on Agency Action: Judicial Review • Is the Agency Acting Within Its Jurisdiction? • Has the Agency Followed Proper Procedures? • Does the Agency Have Evidentiary Support for Its Findings or Decisions?

  8. Controls on Agency Action: Other Controls • Public Opinion • “The Media / Press”

  9. Administrative Rulemaking • Types of Rulemaking: • Formal (Public Hearing) • Informal (Notice & Comment) • Hybrid (Mixture of Both) • Notice Requirements • Public Comments • Judicial Review of Rulemaking

  10. Administrative Adjudication • Enforcement Actions • Hearings • Penalties / Sanctions • Judicial Review of Decision • Exhaustion Rule • Standing & Ripeness • Substantial Evidence to Support Decision • Did Agency Abuse Discretion

  11. Judicial Review of Agency Action • Exhaustion Rule: Must be Final Agency Action • Exceptions: • Agency Acting Outside Jurisdiction • Agency Action Will Cause Irreparable Harm • Standing • Ripeness • Has Agency Abused Discretion

More Related