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Introduction to Administrative Law and Regulatory Agencies
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Businesses are subject to substantial federal, state, and local government regulation
Government regulation
Designed to protect employees and the public from unsafe and abusive practices by businesses
Government regulation
Designed to protect employees and the public from unsafe and abusive practices by businesses
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Administrative Law
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Law that governments enact to regulate industries, businesses, and professionals
Administrative agencies: Agencies that governments create to enforce regulatory statutes
Administrative agencies: Agencies that governments create to enforce regulatory statutes
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Government Regulation of Business : General
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Government regulation that applies to many agencies
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Government Regulation of Business: Specific
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Government regulations that applies to a specific agencies
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Federal Administrative Agencies
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Federal administrative agencies that are created by the U.S. Congress
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Cabinet-level federal departments:
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Federal agencies that advise the president and are responsible for enforcing specific administrative statutes enacted by Congress
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Independent federal administrative agencies:
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Federal agencies that have broad regulatory powers over key areas of the national economy
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State and Local Administrative Agencies
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State administrative agencies:
Local administrative agencies:
Local administrative agencies:
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State administrative agencies:
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Created by legislative branches of states
Administers state regulatory laws
Administers state regulatory laws
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Local administrative agencies:
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Created by cities, municipalities, and counties
Administers local regulatory law
Administers local regulatory law
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Administrative Procedure
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Administrative law
Substantive administrative law
Procedural administrative law
Substantive administrative law
Procedural administrative law
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Administrative law—
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combination of substantive and procedural law
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Substantive administrative law—
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Law that an administrative agency enforces
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Procedural administrative law—
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Establishes the procedures that must be followed by an administrative agency while enforcing substantive laws
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Administrative Law Judge (ALJ)
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An employee of an administrative agency
Presides over an administrative proceeding
Decides questions of law and fact concerning cases
Order: A decision issued by an administrative law judge
Administrative Procedure Act (APA): A federal statute that establishes procedures to be followed by federal administrative agencies while conducting their affairs
Presides over an administrative proceeding
Decides questions of law and fact concerning cases
Order: A decision issued by an administrative law judge
Administrative Procedure Act (APA): A federal statute that establishes procedures to be followed by federal administrative agencies while conducting their affairs
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Powers of Administrative Agencies: Delegation doctrine
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: A doctrine that says
When an administrative agency is created, it is delegated certain powers
The agency can use only the legislative, judicial, and executive powers that are delegated to it
When an administrative agency is created, it is delegated certain powers
The agency can use only the legislative, judicial, and executive powers that are delegated to it
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Administrative Searches
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Subject to the Fourth Amendment to the U.S. Constitution
Unreasonable search and seizure: Any search and seizure by the government that violates the Fourth Amendment to the U.S. Constitution
Evidence from an unreasonable search and seizure ("tainted evidence") is inadmissible in court
Unreasonable search and seizure: Any search and seizure by the government that violates the Fourth Amendment to the U.S. Constitution
Evidence from an unreasonable search and seizure ("tainted evidence") is inadmissible in court
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Freedom of Information Act
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Federal act that gives the public access to documents in the possession of federal administrative agencies
Documents are exempt from disclosure if they
Are classified in the interests of national security
Are statutorily prohibited from disclosure
Interfere with law enforcement proceedings
Are medical, personnel, and similar files
Contain trade secrets, confidential or privileged information
Documents are exempt from disclosure if they
Are classified in the interests of national security
Are statutorily prohibited from disclosure
Interfere with law enforcement proceedings
Are medical, personnel, and similar files
Contain trade secrets, confidential or privileged information
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Government in the Sunshine Act
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A federal act that opens most federal administrative agency meetings to the public
Exceptions are meetings:
Where a person is accused of a crime
Concerning an agency's issuance of a subpoena
Where attendance of the public would significantly frustrate the implementation of a proposed agency action
Concerning day-to-day operations
Exceptions are meetings:
Where a person is accused of a crime
Concerning an agency's issuance of a subpoena
Where attendance of the public would significantly frustrate the implementation of a proposed agency action
Concerning day-to-day operations
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Equal Access to Justice Act
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A federal act that protects persons from harassment by federal administrative agencies
Privacy Act: A federal act which states
Federal administrative agencies can maintain only information about an individual that is relevant and necessary to accomplish a legitimate agency purpose
Privacy Act: A federal act which states
Federal administrative agencies can maintain only information about an individual that is relevant and necessary to accomplish a legitimate agency purpose