MGT 340 EXAM 3

the body of law, drawn from various sources, that defines and regulates federal regulatory agencies and limits the exercise of authority by these agencies.
-department, nondepartment, and independent agencies are either headed by administrators or composed of commissioners and headed by the commission chair.

any governmental unit other than the legislative and the courts.
-the department, nondepartment, and independent agencies are collectively referred to as administrative agencies.

-regulatory agencies - IRS.
-executive departments - oversee: department of defense, education, justice.
-non-regulatory welfare agencies - oversee: social security administration, VA, public health service.

-create policies/rules: making policy that is consistent with the implementation of federal law.
-investigation and enforcement of rules: investigating alleged violations of the agency's administrative regulations and recommending enforcement actions such as fines and other sanctions.
-granting licenses and permits (and taking them away): ex: the SEC issues licenses to certain individuals involved in the public trading of stocks.
-distribution of federal benefits: when congress confers a benefit to the citizenry at large, admin agencies are the portal used by law to actually distribute those benefits.

US constitution
APA (Administrative Procedures Act)
enabling statutes (congress)
common law

places limits on the type of power that agencies may exercise and also places limits on the methods that employ in carrying out their duties

federal legislation - establishes uniform rules of procedure for agencies to follow when theyre conducting agency business. also provides the judicial review of agencies actions and determinations

congress will sometimes choose to create a new admin agency to carry out the details of macro objectives set by the law. when congress wishes to establish a new admin agency, it passes a federal law called enabling statutes.
-president appoints head of agency.

while much of the common law has been codified through the APA, courts sometimes will still refer to common law in applying or interpreting the APA.

oversee publication of federal agency information created federal register system.
-us gov manual: list of agencies and contract info
-CFR-code of federal regulation: contains all regulations.
-federal register: daily publication.

process rule making
procedural
interpretive
legislative

legislative power
-informal: notification through publication in the daily register. agency will allow time for written comments. centered on the concepts of notice, public comment, publication of a final rule, and the opportunity to challenge a rule in court.
-formal: notification on through publication in the daily register. public hearing for comments.

legislative power
set forth the internal operating structure

legislative power
the agencies opinions on its own regulations

legislative power
have the effect of law - tell us how to behave

interprets the law.
-rulemaking: outcome affects the entire industry.
-adjudication: affects specific parties involved.
--consent orders/decrees: company doesnt admit responsibility but says they'll fix the problem. saves time, money.
-accusation - hearing: in front of ALJ judge. no right to a jury trial in an administrative law hearing.
--can appeal decision -> must appeal first, then state/federal court.

have a lot of discretion.
-enforce regulations with licenses/permits
-address complaints
-give advice
-conduct investigations