Anderson’s Business Law 22nd edition Chapter 6

government body charged with administering and implementing legislation

Law governing administrative agencies

An agency can can only do/adopt something that is meaningful

adequate notice to be heard by effected persons
If notice is defective there needs to be adequate back up to show prejudice
Proposed regulations need to be given the industry magazines or other publication
Then gets published in the FEDERAL REGISTER and becomes effective

Investigates and enforces the law. Even in enforcing - it is done through due process

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Carry out general policies specified by congress

FTC Federal Trade commission
SEC Securities and Exchange Commission
FCC Federal Communications Commission
FAA Federal Aviation Administration
NTSB National Transportation Safety Board

Regulates Anti-Trust Laws

Regulates Public Sales of Stock

Regulates Media Airwaves

Regulates Air Travel

Investigates Major Accidents and proposes regulations based on findings

Adopted by any agency to enforce immediate action in an emergency situation. Permanent changes must still go through proper procedure

Administrative Law

Legislative, executive, and judicial

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subject agency actions to public scrutiny

requires most major meeting to be open to the public

Agencies cannot act beyond their scope of authority
Authority is not limited to the technology existence when the agency was created

Congressional Enabling Act
Agency Research of the problem
Proposed Regulations
Public Comment (30 days)
Pass, promulgate or withdraw the rule

Permitted without advance notice or search warrant when it would defeat the purpose of the inspection

when can be seen from a public place warrant is never required

Privilege against self-incrimination cannot ve invoked if records required by law are involved

May require proof of compliance

Private individual or agency may file complaint which is served and answered

Due process but no right of trial by jury

Informal settlements (consent decree) are practical devices to resolve disputes

Penalty
Cease and Desist Order

Acting within scope of authority, appeal cannot be made before the decision

No adequate relief, irreparable injury, appeal is useless, or substantial constitutional question raised

Actions can be set aside if the agency has not followed required procedures or due process

decisions may be reversed if Court disagrees with the agency's legal interpretation.

when an agency changes its prior decisions or actions without explanation the actions is considered arbitrary and requires reversal