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Administrative Agency Law
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They have an unusually wide range of powers. They can make their own rules, enforce their rules, investigate violations of their rules, and decide the guilt or innocence of those that violate their rules. A legislature that created an agency has the power to end that agency's existence or to change its powers. Any final decision made by an agency can be reviewed by a court.
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Administrative Agency Law T/F
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Congress enacts statutes and sometimes statutes create administrative agencies to help carry out the rules in the statute
- True
- True
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Dodd-Frank Wall Street Reform and Consumer Protection Act
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Created after major financial crisis. Statue created the Financial Stability Oversight Council (risks in financial system) and also created the Consumer Financial Protection Bureau (CFPB) (protect consumers from abusive agencies).
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Administrative law is created by...
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administrative agencies
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Administrative agency
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a federal, state, or local government agency established to perform a specific function. Has the time, resources, and expertise to make the detailed decisions required for regulation
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Federal Administrative agencies
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- Securities and Exchange Commission (SEC) = regulates firm's capital structure, financing, and financial reporting
- National Labor relations board (NLRB) = relations between a firm and unions that they deal with
- Equal Employment Opportunity Commission (EEOC) = regulates employee relationships
- Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA) = affect how firms manufacturer products
Federal Trade Commission (FTC) = influences the way it markets those products
- National Labor relations board (NLRB) = relations between a firm and unions that they deal with
- Equal Employment Opportunity Commission (EEOC) = regulates employee relationships
- Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA) = affect how firms manufacturer products
Federal Trade Commission (FTC) = influences the way it markets those products
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State and local administration agencies
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- State agency (state pollution-control agency) created as a parallel to a federal agency (such as the Environmental Protection Agency). Federal agency regulations take precedence over conflicting state regulations
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Enabling legislation
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A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency being created.
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Federal Trade Commission Act
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Prohibits unfair methods of competition and deceptive trade practices. Also describes the procedures the FTC must follow to charge persons or organizations with violations of the act
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FTC has the power to....
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1) Create "rules and regulations for the purpose of carrying out the ACT"
2) Conduct investigations of business practices
3) Reports from interstate corporations
4) Investigate possible violations of federal antitrust statutes
5) Publish findings of its investigations
6) Recommend new legislation
7) Hold trial-like hearings
2) Conduct investigations of business practices
3) Reports from interstate corporations
4) Investigate possible violations of federal antitrust statutes
5) Publish findings of its investigations
6) Recommend new legislation
7) Hold trial-like hearings
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FTC is composed of five members
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President, with the advice and consent of the Senate, appoints each of the FTC commissioners for 7 year term
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Federal executive agencies
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Help the president carrying out executive functions. Include the cabinet departments of the executive branch. Single administrator, director, or secretary (appointed by president) to oversee the agency and can be removed at any time
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Executive Sub agencies
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Departments:
- State, treasury, justice, agriculture, commerce, labor, defense, housing and urban development, energy, health and human services, education, veterans affairs, homeland security
- State, treasury, justice, agriculture, commerce, labor, defense, housing and urban development, energy, health and human services, education, veterans affairs, homeland security
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Independent regulatory agencies
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Outside the federal executive departments (those headed by a cabinet secretary). Less president power, officers serve for fixed terms and cant be removed without just cause
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Independent regulatory agencies
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SEC, EEOC, EPA, OSHA, and FTC
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SEC (Securities and Exchange Commission)
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Regulates a company's capital structure, financing and financial reporting
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EEOC (Equal Employment Opportunity Commission)
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Regulates the employer-employee relationship
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EPA (Environmental Protection Agency) and OSHA (Occupational Safety and Health Commission)
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Regulate how a company makes its products
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FTC (Federal Trade Commission)
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Regulates the way a company markets its products
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Exhaustion doctrine
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The principle that a complaining party normally must have exhausted all available administrative remedies before seeking judicial review
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Administrative Procedure Act (APA)
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General statute which details the procedural requirements of all federal agencies. Lays out how administrative agencies are supposed to work
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Arbitrary and Capricious Test
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courts should hold "unlawful and set aside" agency actions found to be "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law."
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Administrative process
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The procedure used by administrative agencies in fulfilling their three basic functions: rulemaking, enforcement, and adjudication
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Rulemaking
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The process by which an administrative agency formally adopts a new regulation or amends an old one.
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Notice-and-comment rulemaking
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1. notice of the proposed rulemaking (Federal register)
2. a comment period
3. the final rule (Federal register then Code of Federal Regulations)
2. a comment period
3. the final rule (Federal register then Code of Federal Regulations)
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Informal Agency Actions
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interpretative rules (specifically exempted from the APA's requirements)
-emergency process can make things go faster
-emergency process can make things go faster
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Agency enforcements
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1) Inspections
- Sometimes scheduled
- SEEC & OSHA can show up randomly
2) Subpoenas
- Subpoena ad testificandum = "to testify" someone who wants to testify under oath
- Subpoena duces tecum "bring it with you" documentation, photograph, studies, account records
- Limits = 4th amendment limits, search warrants, reasonable requirements
3) Search Warrants
- Sometimes scheduled
- SEEC & OSHA can show up randomly
2) Subpoenas
- Subpoena ad testificandum = "to testify" someone who wants to testify under oath
- Subpoena duces tecum "bring it with you" documentation, photograph, studies, account records
- Limits = 4th amendment limits, search warrants, reasonable requirements
3) Search Warrants
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Adjudication (to judge)
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the process of determining whether the defendant is guilty
1) Negotiated settlements
2) Formal complaints
3) Role of the Administrative Law Judge
4) Hearing procedures
5) Agency orders
1) Negotiated settlements
2) Formal complaints
3) Role of the Administrative Law Judge
4) Hearing procedures
5) Agency orders
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Freedom of Information Act
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requires the federal government to disclose certain records to any person on request, even if no reason is given for the request
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Deceptive advertising
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When a reasonable consumer would be misled by the advertising claim.
- Controlled but the FTC
- Controlled but the FTC
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Bait-and-switch advertising
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advertising a very low price for a particular item that will likely be unavailable to the consumer, who will then be encouraged to purchase a more expensive item
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FTC actions against deceptive advertising
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- Formal complaint (done investigation and believe deception is there so issue complaint)
- Orders and remedies
1) Cease and desist = tell advertiser to stop ad
2) Counter advertising = advertiser told to correct info and tell it in ad
3) Multiple product orders = multiple products involved
4) Damages = ordered to pay money which goes to FTC
5) Restitution = if complain to FTC can get money back
- Orders and remedies
1) Cease and desist = tell advertiser to stop ad
2) Counter advertising = advertiser told to correct info and tell it in ad
3) Multiple product orders = multiple products involved
4) Damages = ordered to pay money which goes to FTC
5) Restitution = if complain to FTC can get money back
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Telephone consumer protection act of 1991 (TCPA)
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Federal legislation restricting the use of telephone lines for solicitation purposes. A company soliciting sales via telephone, facsimile, or email must disclose its name and address to the called party and must not call any person who has requested not to be called.
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Telemarketing and Consumer Fraud and Abuse Prevention Act
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Controlling what the telecommuter tells you
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Cooling-off laws
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Laws that allow buyers of goods sold door-to-door to cancel their contracts within three business days.
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