Business Law - Chapter 4
Stages of Informal Rule-making
1) Proposed rule published in Federal Register, 2) interested parties can submit comments, 3) Agency publishes final rule with effective date in Federal Register
Administrative Agency
Any governmental body of the city, county, state or federal government
Hybrid Agency
Characteristics of an executive and independent agency (Environmental Protection Agency)
Administrative Law
Consists of substantive and procedural rules created by administrative agencies
Exempted Rule-Making
Exempt from certain processes, agency decides whether public participation is allowed (Military or foreign affairs)
Privacy Act of 1974
Federal agency may not disclose information about an individual to other agencies or organizations without that individual's written consent
Policy Statements
General statements about directions of agency regarding rule-making or enforcement activities, no binding impact, do not directly affect legal rights
Executive Agency
Generally within executive branch of government, under a "cabinet-level" department (FDA)
Independent Agency
Governed by board of commissioners appointed by president, with "advice and consent" of U.S. Senate
Judicial Limitations on Agency Powers
Interested parties may challenge administrative rules in court, court may review agency's findings of facts
Regulated Negotiation (Reg-neg)
Mediated agreement on agency rule-making
Administrative Law Judge
Presides over administrative hearing, may attempt to encourage parties to settle, but has power to enter binding decision
Informal Rule-Making
Proposed rule published in Fed. Register, with opportunity for public to comment
Hybrid Rule-Making
Proposed rule published in Fed. Register, with opportunity for public to make comments and then INFORMAL public hearing is held (characteristics of both Informal and formal)
Formal Rule-Making
Publication of proposed rule in Federal Register, then formal public hearing is held
Administrative Agency
Referred to as the unofficial 4th branch of government, first one was the Interstate Commerce Commission (ICC)
Government in Sunshine Act
Requires that agency meeting be open to public (be out in the open)
Freedom of Information Act
Requires that federal agencies publish in Federal Register places where public an access agency information
Interpretive Rules
Rules that do not create any new rights/duties, give a detailed statement of agency's interpretation of existing law
Administrative Procedures Act (APA)
Set guidelines on agency rule-making
Executive, Independent, and Hybrid Agency
Types of Administrative Agencies
Statutory Limitations on Agency Powers
U.S. Congress can: create or eliminate agencies, amend enabling legislation, override agency rules
Political Limitations on Agency Powers
U.S. Senate must approve agency heads, U.S. congress has power over agency budgets