Business Law Chapter 5

-2. If the statute is silent or ambiguous, is the agency's interpretation "____________"?

reasonable

What do judicial controls do

review agency actions

The legislation requires that "every portion of every meeting of an agency" be open to "___________________."

"public observations"

The Types of Agencies

(Exec(pres has great power), Indep.(less pres power, officers serve fixed term)

What do executive controls do

(appoint, and veto)

New "Chevron" Standard of Review:

1. Did Congress ____directly address_____________the issue in dispute? If so the statutory language prevails. -2. If the statute is silent or ambiguous, is the agency's interpretation "reasonable__"?

Concern over the effects of regulation on the efficiency of businesses, Congress passed the Regulatory Flexibility Act which requires an analysis of the ______ a regulation will impose on small business and must consider less ____________ alternatives.

1. cost 2. burdensome

Administrative procedure act does the following:

1.Failed to provide a rational explanation for its decision. 2. Changed its prior policy without justification. 3. Considered legally inappropriate factors. 4. Entirely failed to consider a relevant factor. 5. Rendered a decision plainly contrary to the evidence.

Resolution of dispute through a hearing with the agency -____ hears when agency charges party with violation.

ALJ Administrative law judge

Delegation doctrine is what kind of info

Enabling Legislation

Statute that specifies the name, purposes, functions, and powers of administrative agency.

Enabling Legislation

All federal agencies must follow the APA(absent spec congress proc):

Administrative procedure act

Agency action upheld unless "A_______ and C_______ or o/w not in acc'nce w/law" Test:

Arbitrary and Compressions

Investigation. -Includes the powers to:

Conduct Inspections and Tests. •Issue Subpoenas: •Ad testificandum - _________ •Duces tecum - ___________ •Abuses in investigation? factors 120. -Legit purpose (not harassment) -Relevance of info -Specificity of demand -Burden on party(ts) •Search Warrants(4th) - yes can issue and need if party refuses access, unless -Highly regulated -Statutory permission -Emergencies.

The study of administrative law requires an understanding of:

Congress creates federal admin agencies by enacting E_______ L_______(name, purpose, function, powers) (states same, often parallel federal, fed regs take precedence over state). -The Types of Agencies (Exec(pres has great power), Indep.(less pres power, officers serve fixed term) 111) -Agency Powers and the Constitution (delegation doctrine 114).

says Congress can create agencies and delegate to them the power to create rules to implement laws.Federal administrative agencies may exercise only those powers Congress has delegated to them in enabling legislation.

Delegation Doctrine

Agency powers and the constitution have what kind of powers

Executive Controls(App, veto). -Legislative Controls(gives power, take away, abolish, fund, freeze regs). -Judicial Controls.

"Arbitrary and Capricious" Test. court case:

Federal Communications Commission v. Fox Television Stations, Inc. (2009).

_____ _________makes agencies more accountable through____________ ___________

Federal Legislation public scrutiny

What is published in Fed Register

Final Rule

APA Rulemaking

Formulation of new regulation. -Notice and Comment Rulemaking (118) involves three steps: •1. Notice of the proposed rulemaking (FR). • 2.Comment Period. 3.Final Rule published in the Federal Register (response to signif comments) no radical changes, then CFR.

Exceptions where proprietary info could be revealed

Freedom Information Act

Requires federal government to disclose certain records to any person on request, even if no reason is given for the request.

Freedom Information Act

Federal legislation makes agencies more accountable through public scrutiny. (examples)

Freedom of Information Act. -Government in the Sunshine Act. -Regulatory Flexibility Act. -Small Business Regulatory Enforcement Fairness Act.

The legislation requires that "every portion of every meeting of an agency" be open to "___________________." -Adequate notice of meetings must be given to the public. -Closed meetings are authorized in a limited number of instances.

Government In the Sunshine Act

•Duces tecum - ___________

Hand over, To investigate

Search Warrant refuse access if?

Highly regulated - Statutory permission -Emergencies.

Abuses in investigation? factors

Legit purpose (not harassment) -Relevance of info -Specificity of demand -Burden on party(ts)

Concern over the effects of regulation on the efficiency of businesses, Congress passed the Regulatory Flexibility Act which requires an analysis of the ______ a regulation will impose on small business and must consider less ____________ alternatives.

Regulatory flexibility act

Adjudication(usually resolved w/o)

Resolution of dispute through a hearing with the agency -"ALJ"-administrative law judge____ hears when agency charges party with violation. -Negotiated Settlements common. -Formal Complaints if no settlement(often accom'd by press release). -Role of the Administrative Law Judge. 121, _"unbiased"_ adjudicator

Mayo Foundation for Medical Education and Research vs. United States (2011). What was the Court's holding? Congress ddn't define, rule reasonable interpretation

Ruled in favor of the residents.

This Act allows Congress to review new federal regulations for at least sixty-days before they can take effect. -Also authorizes courts to enforce RFA

Small Business Regulatory Enforcement Fairness Act.

•Ad testificandum - _________ •

To testify

Agencies provide

a Comprehensive Regulatory Scheme - or a comprehensive burden

Process of Formal Administrative Adjudication.

complaint answer hearing before admin. law judge order of admin law judge (cease and desisit) appeal to govern board of agency final agency order appelleate court of review of agency decision court order

final means:

decision on appeal

When Courts Will Give Chevron ____________ to Agency Interpretation.

defference

1. Did Congress _________________the issue in dispute? If so the statutory language prevails.

directly address

Agencies have great ______ to ____________ _____ _____ _____________

discretion interpret their own agency rules

Congress creates federal admin agencies by enacting E_______ L_______(name, purpose, function, powers) (states same, often parallel federal, fed regs take precedence over state).

enabling legislation

Courts can review agency actions -A party seeking review must demonstrate standing to sue, there must be actual controversy at issue, and Exhaustion doctrine (must have _________116 all possible administrative remedies

exhausted exhaustion doctrine must be exhausted

Why did the U.S. Supreme Court rule that the FCC's order declaring the Fox broadcasts indecent was void for vagueness? 116 (________ requ'd for agency to change policy)

fair notice

What do legislative controls do

gives power, take away, abolish, fund, freeze regs

Administrative Law

is the rules, orders, and decisions of federal, state, and local government agencies established to perform a specific function.

Chevron v. Natural Resource Council case: courts should defer to agencies in matters of fact AND ____.

matters of law

Initial means

no appeal

In order for agencies to be assured of Chevron deference, they must meet formal legal standards for ____________ rulemaking.

notice and courts

Role of the Administrative Law Judge. 121, ___________ adjudicator

unbiased