3308Chap12outline

3308Chap12outline - 12 Administrative Law & Corporate...

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Unformatted text preview: 12 Administrative Law & Corporate Governance Administrative Agencies (Administrative Law) 0. Create/Enforce Majority Of Business Laws 1. Agencies Provide: 0. Specificity 1. Expertise (reason for creation) 2. Protection 3. Regulation 4. Services Administrative Agencies Examples 0. Federal Trade Commission 1. National Labor Relations Board unfair labor practices) (Conducts Union cert. elections and hearings on 2. Equal Employment Opportunity Commission 3. Securities & Exchange Commission 4. Environmental Protection Agency pesticides). (Regulates the sale of securities to the public) (Administers laws re: pollution, waste, and 5. Federal Aviation Administration 6. 7. 8. Consumer Product Safety Commission Federal Communications Commission Federal Energy Regulatory Commission (Regulates avail. & cost of money & credit) 9. Federal Reserve Board 10. Food & Drug Administration (Prohibits distrib. Of unsafe food & drugs) 11. Nuclear Regulatory Commission 12. Occupational Safety & Health Administration Agency (General) Functions 0. Rulemaking/Guidelines = QuasiLegislative Power (guidelines supplement rules & regs) 1. Adjudicating = Quasi-Judicial, FactFinding & Applying Law 2. Executive Functions: 0. Cease & Desist 1. Consent (contains no admission of guilt) 0. Advising 1. Investigating 2. Prosecuting 3. Supervising (advisory opinions give an indication of the view of the agency) (may use subpoena power) Agency Organization Agency Decisions 0. Public Notice Of Proposed Rules 1. Public Hearing 2. Citizen Letter Writing- Member Of Congress Quasi-Judicial Procedures Judicial Review Of Agency Decisions- Standing To Sue 0. Reviewability- Federal Administrative Procedure Act 1. Plaintiff- Aggrieved Party (must show standing to sue) Judicial Review Of Agency Decisions- Rule Making (quite limited) 3. Delegation Valid? 0. Definite- Violate Due Process? 1. Limited- Agency's Power Limited 4. Broad Language 5. Authority Exceeded? Review Of Adjudications: Procedural Aspects 3. Agency Authority Limited limitations.) 2. Delegated From Legislature (Subject to Constitutional 3. Develop Rules Of Procedure 4. Courts Lack Authority To Substitute For of an agency rule or reg.) Agency (Cannot interfere with the wisdom or effectiveness 5. Doctrines 4. Exhaustion Of Remedies did you do 6. Equal Access To Justice Act everything you could have done before you came to me? 5. Primary Jurisdiction Review Of Factual Determinations 2. Court (Admin Law Judges have Immunity) 5. Presumes Findings Of Fact Correct 6. Analyzes Agency Proceedings 3. Court Does Not 7. Reweigh Evidence (was evidence sufficient?) 8. Make Independent Determination 9. Substitute Its View For Agency's Agency Regulation Criticisms 4. Taxation 5. Cost Of Doing Business/Paperwork 6. Consumer Pays 7. Inhibits Competition 8. Cost/Benefit Analysis 10. 11. Direct Cost Indirect Cost Business Decision: 0. To What Degree Does The FTC Have Authority To Question Your Business Practices? 1. Are Your Clearly Stated Contractual Provisions Unfair Or Deceptive? 2. Should You Cooperate With This Investigator Or Seek A Court Order Enjoining This Investigation? 3. How Do You Challenge The FTC's Action If A Formal Complaint Is Filed Against Your Company? 12 End of Chapter 12 ...
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This note was uploaded on 04/15/2008 for the course MANA 3308 taught by Professor Byronstuckey during the Spring '08 term at Dallas Baptist.

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