Business Law UNL BLAW 371 Chapter 17

economic regulation, public welfare

based upon the commerce clause

based upon the general welfare clause

regulate only specified subject matter
well define hierarchy and continuity of personnel
more flexibility than legislative bodies to quickly change regulations
limited ability of newly elected officials to effect and implement change in the philosophy and direction of the agency

line agency
independent agency

presidential cabinet positions

headed by a bipartisan commission which id head by chair appointed by presidnet

congress passes an act an enabling act and general policy statement. enabling act create the agency sets out it structure gives authority to make rules, investigate problems and

sets out tin broad terms the particular agency philosophy its mission and its objectives

standardized the practices and procedure which govern the operations of all administrative agency and which all agencies must use to conduct business

rule making power making rules and regs

ensure agency rules are followed

ability to resolve disputes within jurisdiciton

before an appeal can be allowed in federal court the citizen must first have taken the appeal through all of the stages available with the administrative agency

agency cannot be held liable for violation of constitutional rights by its agents.

an agency is prohibited by law from holding secret meeting it must give notice of the time and place of its meeting and its agenda.

at creation a law is set up to expire to force regular legislative review.

is an authority of the government other than a legislature or a court red to administer a particular law

congress give an agency power and authority throught

delegating those per to an agency also called organic statue

statues that define the authority and structure of administrative agency that issues

agency are usually authorized to engage in

formal agency process under APA rules provide for an hearing that followed rule similar to those in a trail

from the agency praise over the hearing

most regular statues declare which court has

agency act that is challenged must be

a party seeking to challenge an agency account in court must have

concerns whether an agency action is final so as to allow judicial review

requires a party to complete all agency appeals procedures before turning to a court for review.