Regulatory Law - Assignment Essays %

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Regulatory Law

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Rules and regulations set out by various administrative agencies. The authority attached to these agencies is delegated by Congress on the federal level and by legislatures of various jurisdictions at the local level.

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Administrative Agencies

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-Relieving the legislative branch from considering every aspect of a specific problem by creating regulations that apply the law to specific situations.

-Granted authority by the legislature to act on behalf of the legislative branches of government in many cases, their role is to regulate business.

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The legislative branch

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made up of the House and Senate, known collectively as the Congress. Among other powers, the legislative branch makes all laws, declares war, regulates interstate and foreign commerce and controls taxing and spending policies.

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Enabling Statutes

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-"Enables" the agency to come into existence, sets forth the purposes of the agency, and prescribes its functions and responsibilities.

-Agency carries out the goals of the statute by creating additional rules to flesh out the statute, actively enforcing the rules and the statute, and often times adjudicating cases involving those rules.

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Enabling Statutes plain meaning?

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permits what was previously prohibited or that creates new powers

grant additional authority or responsibility to existing agencies

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Statutes

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a written law passed by a legislative body

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Three types of Administrative Rules:

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legislative rules, interpretive rules, procedural rules

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Legislative Rules

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-often called regulations, issued by an agency under delegated authority.

-Have the force of law if they fall within the agency's area of authority and were properly promulgated.

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Interpretive Rules

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-issued by agency indicating its interpretation of its governing statute

-not automatically binding on private parties or the courts.

-a document produced by the agency to explain regulations it has promulgated or to explain the meaning of a statute that it administers.

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Procedural Rules

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issued by an agency establishing its organization, method of operation, and rules of conduct.

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promulgating

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promote or make widely known

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Three types of Rulemaking:

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informal rule making process, formal rulemaking process, and hybrid rulemaking process

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Three types of Rulemaking Vocabulary:

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An agency makes a new rule by "promulgating" a new rule or regulation

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Informal rulemaking process:

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Most rules are promulgated with informal rulemaking procedures, sometimes referred to as a "notice and comment" procedure

Requires: prior notice, an opportunity for participation, and publication of a final draft.

-“notice-and-comment rulemaking,” requires that an agency first issue a notice of proposed rulemaking (NPRM) and provide an opportunity for public comment on the proposal before it can issue a final rule.

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Formal rulemaking process:

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Must be a trial-like public agency hearing at which witnesses give testimony on the pros and cons of the proposed rule and they are subject to cross examination.

-Only necessary when the enabling legislation says so

-Must include a statement of findings and conclusions

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Enforcement-

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-empowered to investigate certain conduct to determine rules have been violated.

-4th amendment - does not require probable cause

-An agency "can investigate merely on suspicion that the law is being violated, or even just because it wants assurance that it is not"

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Adjudication

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The formal procedure by which an agency resolves a matter involves finding facts, applying legal rules to the facts, and formulating orders.

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Regulatory Law

answer

question

Administrative Agencies

answer

-Relieving the legislative branch from considering every aspect of a specific problem by creating regulations that apply the law to specific situations.

-Granted authority by the legislature to act on behalf of the legislative branches of government in many cases, their role is to regulate business.

question

The legislative branch

answer

question

Enabling Statutes

answer

-"Enables" the agency to come into existence, sets forth the purposes of the agency, and prescribes its functions and responsibilities.

question

Enabling Statutes plain meaning?

answer

permits what was previously prohibited or that creates new powers

grant additional authority or responsibility to existing agencies

question

Statutes

answer

a written law passed by a legislative body

question

Three types of Administrative Rules:

answer

legislative rules, interpretive rules, procedural rules

question

Legislative Rules

answer

-often called regulations, issued by an agency under delegated authority.

-Have the force of law if they fall within the agency's area of authority and were properly promulgated.

question

Interpretive Rules

answer

-issued by agency indicating its interpretation of its governing statute

-not automatically binding on private parties or the courts.

-a document produced by the agency to explain regulations it has promulgated or to explain the meaning of a statute that it administers.

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Procedural Rules

answer

issued by an agency establishing its organization, method of operation, and rules of conduct.

question

promulgating

answer

promote or make widely known

question

Three types of Rulemaking:

answer

informal rule making process, formal rulemaking process, and hybrid rulemaking process

question

Three types of Rulemaking Vocabulary:

answer

An agency makes a new rule by "promulgating" a new rule or regulation

question

Informal rulemaking process:

answer

Most rules are promulgated with informal rulemaking procedures, sometimes referred to as a "notice and comment" procedure

Requires: prior notice, an opportunity for participation, and publication of a final draft.

question

Formal rulemaking process:

answer

Must be a trial-like public agency hearing at which witnesses give testimony on the pros and cons of the proposed rule and they are subject to cross examination.

-Only necessary when the enabling legislation says so

-Must include a statement of findings and conclusions

question

Enforcement-

answer

-empowered to investigate certain conduct to determine rules have been violated.

-4th amendment - does not require probable cause

-An agency "can investigate merely on suspicion that the law is being violated, or even just because it wants assurance that it is not"

question

Adjudication

answer

The formal procedure by which an agency resolves a matter involves finding facts, applying legal rules to the facts, and formulating orders.

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