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Administrative Law
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the body of law that defines, regulates and limits the exercise of authority by administrative agencies, all sides of business deal with administrative law
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types of administrative law
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regulatory agencies, executive departments, non-regulatory welfare agencies
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regulatory agencies
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they have the authority to regulate and make laws, created in response to a problem, ex. IRS, OSHA, EPA
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Executive Departments
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ex. department of agriculture, defense, education, justice
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Nonregulatory welfare agencies
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ex. VA, social security
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sources of law
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constitutional, APA, congress, president, federal register
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constitution
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agencies operate within the constitution
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APA
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Administrative Procedure Act, designed to set forth uniform set of procedures
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congress
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creates administrative agencies, enabling legislation, experts, they pass law, each agency has its own enabling legislation, delegation power
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president
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appoints who runs the agency
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parts of the federal register act
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US government manual
CFR
federal register
CFR
federal register
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federal register act
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oversees the publication of agency information
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U.S. Government Manual
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basic contact info of all agencies and locations, agency phone book
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CFR (Code of Federal Regulations)
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puts all agency regs together
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federal register
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a daily publication, updates and supplements the CFR
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Scope of Agency Power
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can conduct hearings, have executive functions, mini governments
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types of legislative rulemaking
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procedural, interpretive, legislative
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procedural
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set forth the agencies internal operating structure, how they operate
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interpretative
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the agencies opinion on its own regulations
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legislative
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have the effect of law , conform our behavior to this, fines business, could be shut down
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rule making process
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informal- after they post the proposed regulation, they allow time for people and post about the regulation
formal- the agency conducts a public hearing, people can testify, its recorded
formal- the agency conducts a public hearing, people can testify, its recorded
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executive function
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giving advice, investigations- people can report places and then agencies will investigate. permit/licenses- to control the behavior of businesses and who engage in it
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judicial function hearings
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agencies can conduct hearings and rule making hearings
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judicial function rulemaking
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the outcome effects the entire industry
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adjudications
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only effects the specific party involved, many of these are hearings, none are trials. consent order- like a guilty plea in original court, hearing
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ALJ (Administrative Law Judge)
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determines facts of law, like a bench trial
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appeal
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if they didn't agree with judges ruling, ultimately they can go to traditional court they have to have exhausted all efforts
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limits on agency power by congress
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has some control over budget for agencies, if congress can create them they can take the agency away
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limits on agency power by the president
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also has some say in the budget/funding, they will appoint someone with similar views and beliefs to oversee the agency
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limits on agency power by the courts
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judicial review is the biggest threat, appealing a decision against agency to regular court, narrow approach - like our courts have blinders on, want to go with the expert that runs the agency
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pros/cons
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we need agencies to be powerful but controlled, businesses complain about agencies because of the cost but agencies provide protection for consumers
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