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Administrative Agency
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government body charged with administering and implementing legislation; to administer and implement state and federal legislation through issuance of regulations; Agencies may be known as departments, commissions, authorities, boards or bureaus.; Agencies are unique because they combine
executive, legislative and judicial functions
executive, legislative and judicial functions
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Administrative Law
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law governing administrative agencies; created to carry out general policies specified by Congress; States have jurisdiction; Agency conducts research 2. Public Comment Period: at least 30 days after
proposed rule is published 3. After Public Comment Period: agency decides
whether or not to promulgate the rule (adopt, modify, or modify and republish).
For every statute, there are avg. 56 regulations
proposed rule is published 3. After Public Comment Period: agency decides
whether or not to promulgate the rule (adopt, modify, or modify and republish).
For every statute, there are avg. 56 regulations
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Administrative Procedure Act
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federal law that establishes the operating rules for administrative agencies; access to public with 1. open records, open meetings, 3. public announcement of agency guidelines; Exemptions include:
individual invasion of privacy, competitive/proprietary information
individual invasion of privacy, competitive/proprietary information
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Freedom of Information Act
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federal law permitting citizens to request documents and records from administrative agencies
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Open Meeting Law
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law that requires advance notice of agency meeting and public access
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Federal Register Act
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federal law requiring agencies to make public disclosure of proposed rules, passed rules, and activities in the Federal Register
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Federal Register
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government publication issued five days a week that lists all administrative regulations, all presidential proclamations, and executive orders and other documents and classes of documents that the president or Congress direct to be published
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Informal Settlements
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negotiated disposition of a matter before an administrative agency, generally without public sanctions
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Consent Decrees
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informal settlements of enforcement actions brought by agencies
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Cease-and-desist orders
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order issued by a court or administrative agency to stop a practice that it decides is improper;
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Exhaustion of Administrative Agencies
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requirement that an agency make its final decision before parties go to court and all other remedies are exhausted;
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Sunshine Act
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requires agency meetings to be open in the public; enable public to know what actions agencies are taking and to prevent administratice misconduct by having open meeting and public scrutiny
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Rule-making Principles
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Agency conducts research
2. Public Comment Period: at least 30 days after
proposed rule is published.
3. After Public Comment Period: agency decides
whether or not to promulgate the rule (adopt, modify, or modify and republish).4. Regulation must be authorized by the law creating the agency (agency must act within its authority) 5. Actions taken by agency must not be "arbitrary or capricious" 6. If an agency establishes a "rational basis" for
its rulings, courts not likely to substitute their
own judgment to overturn regulation.
Agencies pay 3rd parties to conduct research
EX. Manhattan cabs were tested for research to determine necessity of brake lights
Publish proposed regulation posted in FR
Allows 30 day comment period
After Public Comment Period: reform, modify, publish
2. Public Comment Period: at least 30 days after
proposed rule is published.
3. After Public Comment Period: agency decides
whether or not to promulgate the rule (adopt, modify, or modify and republish).4. Regulation must be authorized by the law creating the agency (agency must act within its authority) 5. Actions taken by agency must not be "arbitrary or capricious" 6. If an agency establishes a "rational basis" for
its rulings, courts not likely to substitute their
own judgment to overturn regulation.
Agencies pay 3rd parties to conduct research
EX. Manhattan cabs were tested for research to determine necessity of brake lights
Publish proposed regulation posted in FR
Allows 30 day comment period
After Public Comment Period: reform, modify, publish
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Enforcement
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Either private individual or agency may file complaint alleging violation of law
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Administrative Hearing with an Administrative Law Judge (ALJ)
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Due process, witnesses, not subject to rules of evidence, no jury
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Streamlined Procedure
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Opinion issued by ALJ, penalties, cease and desist orders, consent decrees, or informal settlement
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Enforcement of the Law
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An agency has the power to investigate, to require persons to appear as witnesses; to require witnesses to produce relevant papers and records, and to bring proceedings against those who violate the law
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Appeals to Courts
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Procedural mistakes by agency, beyond the jurisdiction of the agency, "Arbitrary and Capricious" rulings
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Liability of the Agency
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Agency not liable for a party's losses arising from decisions made in good faith; Administrators are not personally liable
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The Administrative Dispute Resolution Act of 1990
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encourages the streamlining of the regulatory process and authorizes federal agencies to use alternative means of dispute resolution
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Power of Agencies
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agencies have increasingly been given the executive power to impose a penalty and to issue orders that are binding on a regulated party unless an appeal is taken to a court, which reverses the Administrative decision
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Exception to Exhaustion of Administrative Remedies
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No adequate relief; irreparable injury without judicial relief; useless appeal or substantial constitutional question that the plaintiff has raised
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Arbitrary and Capricious
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when an agency has made changes to prior decisions and customary actions, it must give reasons
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Dept of Defense
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is largest commercial enterprise in the history of man;
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Inspections of Premises
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true in industries that are highly regulated
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Aerial Inspections
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not a violation of search and seizure
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Documents
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Required to be maintained in records; handwritten notes memoranda, post-its,spread sheets, calendars correspondence, presentations policies and procedures, drafts, hard copies and computer, records of files, financial and personnel, records, e-mail, voice-mail
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Compliance Verification
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Things told to be repaired/ reformed were followed
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Administrative Law Judge (ALJ)
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oversee the procedure;
Unlike judges in courts, ALJ are typically not lawyers; appointed by whatever admin is in power; not elected
generally an expert is specific field
Unlike judges in courts, ALJ are typically not lawyers; appointed by whatever admin is in power; not elected
generally an expert is specific field
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