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Administrative Agencies
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The boards, bureaus, commissions and organizations that make up the gov bureaucracy
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Reasons for agencies
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needed to provide specificity, expertise, protection, regulation and services
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Legislative function (Quasi-Legislative)
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Agencies can issue rules (regulations) that have the impact of laws
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Quasi function
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-congress delegates the power to make rules and reg
-Rules and reg agencies pass have the effect of the law
-delegate specific bc not enough info in the law
-Arg: the law will be better bc it is written by agency experts not general workers
-Rules and reg agencies pass have the effect of the law
-delegate specific bc not enough info in the law
-Arg: the law will be better bc it is written by agency experts not general workers
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Judicial function (quasi judicial function)
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-agencies can make decisions like a court
-act like judicial branch
-administrative agency hearings: resolve hearings, judge oversees hearing, plaintiff is company, defendant is consumer, no juries
-act like judicial branch
-administrative agency hearings: resolve hearings, judge oversees hearing, plaintiff is company, defendant is consumer, no juries
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Expertise in developing an area of law
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-experts help create laws
-development of policies and decisions in many areas require expertise, administrative agencies provide those expertise
-development of policies and decisions in many areas require expertise, administrative agencies provide those expertise
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Protection
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-to protect the consumer from "big bad" businesses
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Regulation/Equalization of competition among businesses
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-when businesses have no competition (gas & water) what keeps company from increase prices: an agencies
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Necessity
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execute law made by congress
ex: if we want mail service= post office is a necessity
ex: if we want mail service= post office is a necessity
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Form of Agencies
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Enabling acts
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Enabling acts
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-law that creates the agencies
-created legislative branch
1. statement of agencys purpose
2. scope of agencys authority established
3. part of executive branch gov
-created legislative branch
1. statement of agencys purpose
2. scope of agencys authority established
3. part of executive branch gov
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Functions of agencies
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Quasi-legislative function
-sub category of executive branch
1. rules and regulations
2. guidelines
-sub category of executive branch
1. rules and regulations
2. guidelines
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rules and regulations of agencies
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-possess the power of a law
-before rule or reg is finalized:
-must propose doc
-public gets to comment thru hearings
-agency reads thru comments
-before rule or reg is finalized:
-must propose doc
-public gets to comment thru hearings
-agency reads thru comments
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Guidelines
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-agencies can make guidelines
-do not have force and effect of law
-do not have force and effect of law
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Quasi-judicial functions
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Administrative agencies hearings
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Administrative agencies hearings
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court rooms are right
-agency procedural law
-burden of proof
-procedural aspects
-remedies
-appeals
-equal access to justice act
-agency procedural law
-burden of proof
-procedural aspects
-remedies
-appeals
-equal access to justice act
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agency procedural law
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-each agency has their own
-follows doctrine of percedent
-follows doctrine of percedent
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Burden of proof
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-preponderance of evidence standard
-easiest
-easiest
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Executive branch function
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-Advising function
-Investigatory function
-Investigatory function
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Advising function
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-adresses diff committees
-advise citizens "advising options"
-public record
-advise citizens "advising options"
-public record
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Investigatory function
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-Job: go out to diff sites and see if people are complying to rules and reg
-audit tax return
-questions witnesses and collect evidence
-same power as executive branch
-audit tax return
-questions witnesses and collect evidence
-same power as executive branch
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Co-existence of doctrine of seperation of powers and multi-branch functions of Administrative agencies
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-Has power of all 3 branches
-doesnt violate doctrine of sep of powers
-"power of the purse"
-doesnt violate doctrine of sep of powers
-"power of the purse"
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Organizational structure of administrative agencies
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-Agency board or commision
-agency secretary
-advisory councils
-general counsel
-director of operations
-executive director for administrative
-administrative for law judges
-agency secretary
-advisory councils
-general counsel
-director of operations
-executive director for administrative
-administrative for law judges
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Agency board or commision
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-head/ public figure
-hire own staff
-everyone has equal vote
-full time
-revolving door syndrome
-hire own staff
-everyone has equal vote
-full time
-revolving door syndrome
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Agency secretary
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-responsible for minutes of agency meetings and is legal custodian of its records
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Advisory councils
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-not full time
-council selected based on their expertise
-council selected based on their expertise
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General counsel
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-person who makes decision to settle a case or go to appellate court
-chief legal in court
-chief legal in court
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Director of operations
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-in charge of different investigations, bureau, internal op
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Executive director of administrative
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-supervises usual administrative functions
-duties vary from agency to agency
-in charge of internal op(hire/fire)
-duties vary from agency to agency
-in charge of internal op(hire/fire)
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Administrative for law judges
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-full time
-sit at admin law hearings
-finders of facts & appliers of law
-sit at admin law hearings
-finders of facts & appliers of law
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Immunity of administrative agency employees
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-Absolute immunity: law judges
-limited immunity: everyone else
-limited immunity: everyone else
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Criticism of administrative agencies
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-too many rules and reg
-costs a lot of money to comply
-no normal person understands rules
-no solution for conflicting reg and rules from 2 diff agencies
-alot of paperwork & time
-costs a lot of money to comply
-no normal person understands rules
-no solution for conflicting reg and rules from 2 diff agencies
-alot of paperwork & time
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