Functions_of_Administrative_Agencies__ch.5

Functions_of_Administrative_Agencies__ch.5 - Procedural...

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Federal Legislature passes enabling statute which creates federal administrative agency Statute is broadly worded Delegates power to agency Administrative Agency is either: Executive – housed within executive branch or Independent – not housed within executive branch Three Primary Functions Rulemaking: Agency exercises legislative powers Legislative Rules: Are called Regulations but are like statutes Within power granted in “enabling statute” Statute must provide standards to guide agency Must be promulgated in accordance with APA Interpretive Rules: Explain how Agency construes governing statute Exempt from APA Not automatically binding on private parties but persuasive
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Unformatted text preview: Procedural Rules: • Set forth rules of conduct and methods of operation of Agency • Examples: business hours; who may appear before agency; hearing procedures Enforcement: Of Enabling Statute and Rules Can do Investigations Compel disclosure of information if: • Legitimate purpose • Relevant information • Sufficiently specific • Not reasonably burdensome • Not privileged information Adjudication of Controversies Formal or Informal Informal: Advising Negotiating Settling Formal: Fact Finding Apply Legal Rules Make Orders (fines, penalties, Revoke/require licenses, restitution, damages) By Admin. Law Judge Never have a jury...
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This note was uploaded on 05/01/2008 for the course BUS 3305 taught by Professor Lecrone during the Spring '08 term at Baylor.

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