Chapter 43 - Administrative Law

Chapter 43 - Administrative Law - Law & Society I M W...

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M W 9:30AM, Snell 213 John Exley, ID: 0160294 09.06.08 Chapter 43: Administrative Law Pages 886-901 Section 1 – The Practical Significance of Administrative Law Unlike statutory law, administrative law is created by administrative agencies, not by legislatures, but it is nevertheless of paramount significance for businesses. When Congress –or, a state legislature – enacts legislation, it typically adopts a rather general statute and leaves its implementation to an administrative agency, which then creates the detailed rules and regulations necessary to carry out the statute. Section 2 – Agency Creation and Powers Enabling Legislation: 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. o Enabling Legislation – An Example The enabling statute of the Federal Trade Commission (FTC) is the Federal Trade Commission Act of 1914. The act prohibits unfair methods of competition and deceptive trade practices….The act grants the FTC the power to do the following: 1) Create “rules and regulations for the purpose of carrying out the Act.” 2) Conduct investigations of business practices. 3) Obtain reports from interstate corporations concerning their business practices. 4) Investigate possible violations of federal antitrust statutes. 5) Publish findings of its investigations. 6) Recommend new legislation. 7) Hold trial-like hearings to resolve certain kinds of trade disputes that involve FTC regulations or federal antitrust laws. o Types of Agencies There are two basic types of administrative agencies: executive agencies and independent regulatory agencies. Federal executive agencies include the cabinet departments of the executive branch, which were formed to assist the president in carrying out executive functions, and the subagencies within the cabinet departments. [i.e. OSHA is a subagency within the Department of Labor]. ..All administrative agencies are part of the executive branch of government, but independent regulatory agencies are outside the major executive departments. [i.e. FTC and Securities and Exchange Commission are examples of independent regulatory agencies]. …Administrative agencies are sometimes referred to as the “fourth branch” of the U.S.
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Chapter 43 - Administrative Law - Law & Society I M W...

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