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Chapter 6 Administrative Law

MARIANNE M. JENNINGS. Its Legal, Ethical, and Global Environment. 7 th Ed. Chapter 6 Administrative Law. What are Administrative Agencies?. Non-legislative/Non-judicial Body. Exist at every level of government. They make, interpret, and enforce regulations.

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Chapter 6 Administrative Law

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  1. MARIANNE M. JENNINGS Its Legal, Ethical, and Global Environment 7th Ed. Chapter 6 Administrative Law

  2. What are Administrative Agencies? • Non-legislative/Non-judicial Body. • Exist at every level of government. • They make, interpret, and enforce regulations. • Legislatures pass enabling acts. • Sets up basic law, purpose, penalties. • Sets up administrative agencies to handle the enforcement.

  3. What are Administrative Agencies? • Examples of federal administrative agencies. • Department of Agriculture. • Department of the Interior. • Federal Maritime Commission. • Veterans Administration.

  4. Role of Administrative Agencies • Protect Small Interests and Small Business • Examples: Corrective advertising, consumer complaints. • Provide for More Rapid Enforcement and Relief. • Do not have to use court system for enforcement. • Licensing and permits can be done quickly. • Achieve Social Goals. • Examples: Environmental Protection Agency; Federal Home Loan Bank Board; Resolution Trust Corporation

  5. Role of Administrative Agencies • Specialization. • Needed to deal with complexities of legislation. • Agencies can hire the necessary expertise. • Examples: Environmental, occupational safety, nuclear, securities—regulation in these areas requires special expertise.

  6. Laws Governing Administrative Agencies • Administrative Procedures Act (APA). • Established uniform procedures for agencies to follow in promulgating rules. • Other acts have separate names but are amendments to the APA.

  7. Laws Governing Administrative Agencies • Freedom of Information Act (FOIA). • APA amendment passed in 1966. • Purpose was to allow public access to agency records. • Types of information required to be published. • Location of offices. • Names of responsible individuals. • Rules and regulations. • Reports. • Policy statements.

  8. Laws Governing Administrative Agencies • Freedom of Information Act (FOIA). • Types of information not published. • Hearing orders. • Non-published interpretations. • Personnel policies and procedures.

  9. Laws Governing Administrative Agencies • Freedom of Information Act (FOIA). • Unpublished information can be obtained through an FOIA request. • Must be written. • Must describe the information and/or documents sought. • Agency can charge for time and copy costs.

  10. Laws Governing Administrative Agencies • Freedom of Information Act (FOIA). • Wrongful refusal to supply information allows requester to bring suit and obtain court order for release as well as recovering cost.

  11. Laws Governing Administrative Agencies • Freedom of Information Act (FOIA). • Exemptions from disclosure:

  12. Laws Governing Administrative Agencies • Federal Privacy Act. • Passed in 1974 as an APA amendment . • Intended to cut down on the pervasive and casual exchange of information about individuals between and among agencies. • Agencies cannot obtain individuals’ records from other agencies without the consent of that person.

  13. Laws Governing Administrative Agencies • Government in Sunshine Act. • Open meeting law passed in 1976. • Federal Register Act. • Authorizes a formal record of agency actions called the Federal Register. • Regulatory Flexibility Act. • Requires publication of proposed rulemaking in trade publications.

  14. Functions of Administrative Agencies • Promulgating Regulations—Business Input: • Formal rulemaking. • Congress passes Enabling Act. • Agency researches a problem. • Proposed regulations. • Public comment period. • Action on rules is taken. • Challenges to adopted agency rules.

  15. Functions of Administrative Agencies • Case 6.1U.S. v. Sun Diamond Growers of California (1999). • Defendant charged with making illegal gifts to then Secretary of Agriculture Mike Espy. • Defendant was convicted and appealed. • Held: Reversed. There must be a link between the gift and some official act.

  16. Functions of Administrative Agencies • Proactive Business Strategies in Regulation: • Sunset laws. • Agency created for a limited time. • Must justify its existence within that time. • Zero-base budgeting. • Ongoing budget for agency is not assumed. • Must justify its budget each year.

  17. Functions of Administrative Agencies • Case 6.2Motor Vehicles Manufacturers Association v. State Farm Mutual Insurance Co. (1983). • What was done with the regulation to result in this Judicial decision? • Case 6.3Corn Products v. Dept. of H.E.W. and F.D.A. (1970) • What are federal standards for peanut butter?

  18. Functions of Administrative Agencies • Case 6.4San Diego Air Sports Center, Inc. v. Federal Aviation Administration (1989). • Was the letter an attempt to promulgate regulation? • Case 6.5 Rubin v. Coors Brewing Company (1995). • To survive a First Amendment challenge, what must a regulation of commercial speech accomplish?

  19. Enforcement Actions

  20. Enforcement Actions • Licensing and Inspection. • Enforcement and Inspection. • Up-front approval. • Some checks imposed. • Enforcement by inspection. • Health Code violation, Occupational Safety and Health Administration (OSHA) safety inspections.

  21. Enforcement Actions • Prosecution of Business. • Enforcement by prosecution. • Complaint is filed. • Injunction can be obtained for this period. • Consent decree. • Like a plea bargain in a criminal case. • Like a nolo contendere plea in a criminal case.

  22. Enforcement Actions • Prosecution of Business. • Penalties: • Fines. • Injunctions. • Repayment to buyers. • Corrective advertising.

  23. Enforcement Actions • Prosecution of Business. • Can go to hearing without an agreements. • Administrative law judge (ALJ) hears the case. • ALJ is like a judge at trial. • Intervenors can appear in the case. • Rules of evidence are relaxed. • Must allow for due process . • Exhaust administrative authority before appeal.

  24. Enforcement Actions • Prosecution and Business. • Go to court of appeals. • Appeals of decisions go to agency heads exhausting administrative authority (unless it would be futile) before court or appeals will consider. • State court appeals also go to court of appeals; however, some states require new trail in state trial court.

  25. Administrative Agencies in the International Market • The United States is Heavily Regulated. • Some businesses have argued that regulations hinders them in the international marketplace.

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