Law: Administrative Agencies Pt. 1
How are Administrative Rules made informally? (3 steps)
1. Publish proposal rule in Federal Register, 30-60 days for people to comment 2. Decision is made on rule 3. Final admin rule is published in Federal Register and becomes part of Code of Federal Regulations
How are Administrative Rules made formally? (4 steps)
1. Publish proposed rule 2. Formal public hearing where people testify under oath 3. Decision is made on rule 4. Final admin rule is published in Federal Register and becomes part of Code of Federal Regulations
What is an enabling statute?
A law passed by congress or state legislature that creates an administrative agency
How are administrative agencies created, and given their authority?
Administrative agencies are created by the legislature and are given their authority by the legislature through an enabling statute
What do Administrative law (Agency rules) do that statutory law doesn't?
Administrative law (Agency rules) are more detailed than statutory law and fills in the gaps left by statutes
How do administrative agencies exercise executive power?
By policing compliance with those regulations
How do administrative agencies exercise judicial power?
By pronouncing or declaring judicially, enforcement actions and imposing penalties on those found to have violated their rules
How do administrative agencies exercise legislative power?
By putting regulations into effect with the force of law
What does the FTC have the authority under its enabling statue to do?
Create rules and regulations Conduct investigations of business practices Obtain reports from corporations operating in interstate commerce Investiate violations of federal anti-trust laws Hold "trial-like" administrative hearings "to resolve certain kinds of trade disputes that involve FTC regulations or federal anti-trust laws
What are 5 of the Independent Administrative Agencies?
EPA, EEOC, FCC, NLRB, & SEC
What are 3 of the Executive Administrative Agencies?
FDA (Within Health and Human Services) IRS (Within Dept. of Treasury) USPTO (Within Dept. of Commerce)
What was the Federal Trade Commission created by? What was it trying to prohibit?
Federal Trade Commission Act of 1914.. It was trying to prohibit unfair methods of competition and deceptive trade practices
Where do most regulations that have an impact on business come from?
Federal and State administrative agencies
Examples of "filling in the gaps" of statute:
Federal employment law prohibits gender-based discrimination. Is "sexual harassment" gender-based discrimination? Let an administrative agency (EEOC) answer the questions through its rules that employers must follow (substantive or legislative rules).
Since the agencies regulate a businesses compliance with the laws, a business must understand..?
How administrative agencies are reading the law
The Administrative Procedures Act tells federal agencies...
How they can make their rules (formal and informal rule making)
What are the two types of Federal Administrative Agencies?
Independent Administrative Agencies and Executive Administrative Agencies
How is it different from legislative rules?
Interpretive administrative rules are not legally binding on a business
Legislative (Substantive) Administrative Laws have the same force and affect as...?
Laws passed by Congress, and businesses are required to follow them
What is administrative law?
Legal rules that define the authority and structure of administrative agencies
Administrative agencies act like....
Legislature (make rules) Executive/President (enforce rules) Courts/Judicial Branch (decide when people and companies break the law)
An example?
OSHA requires employers to provide eye and face protection for employees working in a factory or welding facility, or working around dangerous chemicals
What powers can Federal Administrative agencies exercise?
Only those powers that Congress has delegated to them in enabling legislation
What are the 3 types of Administrative Agency rules?
Substantive or Legislative Interpretive Procedural
Agencies exercise powers that are normally divided among....?
The 3 branches of government
How do these Administrative rules get made?
The APA (Administrative Procedures Act) dictates process to be followed depending on the type of agency rules
Title VII of the 1964 Civil Rights prohibits employment-based discrimination and created what Administrative Agency?
The EEOC, the Equal Employment Opportunity Commission
Customers who have complaints about they cellphone bill can file written complaints with?
The FCC (Federal Communications Commission)
What do administrative agencies create?
The detailed rules and regulations necessary to carryout the statute
Why are Executive Administrative Agencies created?
They are created to assist the cabinet offices of the Federal executive branch.
Why are Independent Administrative Agencies created?
They are created to enforce laws that Congress passes
Why are Administrative agencies created?
They are created to establish expertise and to exercise supervision over special problems bout which Congress is concerned.
What do Procedural Administrative Rules do?
They give information to the general public about the processes used by the administrative agency to enforce the laws
What powers do administrative agencies possess?
They possess all 3, Legislative, Judicial, and Executive
What do Interpretive administrative rules do?
They present the agency's understanding and interpretation of the laws the agency is responsible to enforce
How are Top Managers appointed of an Independent Administrative Agency?
Top Managers are appointed by the President, confirmed by the Senate, serve a set term. The President can remove but must have good cause to do so.
How are the Top Managers appointed of an Executive Administrative Agency?
Top managers are appointed by the President, and serve at the President's pleasure.
Do administrative agencies act in the manner of all three branches of government at a time?
Yes
