1 / 8

Chapter 6 Administrative Agencies

Twomey  Jennings Anderson’s Business Law and the Legal Environment , Comprehensive 20e Anderson’s Business Law and the Legal Environment , Standard 20e Business Law: Principles for Today’s Commercial Environment 2e. Chapter 6 Administrative Agencies. Nature of the Administrative Agency.

isanne
Download Presentation

Chapter 6 Administrative Agencies

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  JenningsAnderson’s Business Law and the Legal Environment, Comprehensive 20eAnderson’s Business Law and the Legal Environment, Standard 20eBusiness Law: Principles for Today’s Commercial Environment 2e Chapter 6 AdministrativeAgencies

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

  4. Legislative Power of the Agency • Agency’s Regulations as Law. • Agency Adoption of Regulations. • Congressional Enabling Act (example: EEOC). • Proposed Regulations. • Federal Register Act in Federal Register. • Proposed Comment Period. • Options After Comments.

  5. Executive Power of the Agency Enabling act Study Draft of Rules Publication of Proposed Rules Rules Modified and RepublishedOR Public Comment, then… Rules AdoptedOR Rules Modified, then Adopted

  6. Executive Power of the Agency • Enforcement or Execution of the Law. • Constitutional Limitations on Administrative Investigation. • Inspection of Premises: possible when danger is great and business is highly regulated (liquor). • Aerial Inspection. • Production of Papers. • Compliance Verification.

  7. Judicial Power of the Agency • Agency as a Specialized Court. • Beginning Enforcement: either private individual or agency may file complaint. • Administrative Hearing. • Due Process (Notice and Hearing). • Informal Settlements / Consent Decrees.

  8. Judicial Power of the Agency • Civil Penalties. • Cease and Desist Orders. • Exhaustion of Administrative Remedy. • Appeals. • Fact and/or Law issues. • Beyond the Jurisdiction of the Agency. • Arbitrary and Capricious.

More Related