BLRB05 - Business Law and the Regulation of Business...

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Unformatted text preview: Business Law and the Regulation of Business Regulation Chapter 5: Administrative Law Chapter By Richard A. Mann & Barry S. Roberts Topics Covered in this Chapter Topics A. Operation of Administrative Operation Agencies Agencies B. Limits on Administrative Limits Agencies Agencies Operation of Administrative Agencies Operation s Rulemaking – process by which administrative agencies promulgate rules of law. law. – Legislative Rules – substantive rules issued by an administrative agency under the authority delegated to it by the legislature. delegated – Interpretative Rules – statements issued by an administrative agency indicating how it construes its governing statute. construes – Procedural Rules – rules issued by an administrative agency establishing its organization, method of operation, and rules of conduct. conduct. Operation of Administrative Agencies Operation Enforcement – process by which agencies determine whether their rules have been violated. have s Adjudication – formal methods by which an agency resolves disputes. which s Limits on Administrative Agencies Limits s s s s Judicial Review – acts as a control or check by a court on a particular rule or order of an administrative agency. administrative Legislative Control – includes control over Control the agency's budget and enabling statute. the Control by Executive Branch – includes by Branch the President's power to appoint members of the agency. the Disclosure of Information – of Information congressionally required public disclosure enhances oversight of agency activities. enhances Limits on Administrative Agencies Limits Executive Control x o o o Power of appointment Budgetary control Impoundment of monies appropriated Restructuring of executive agencies ADMINISTRATIVE AGENCIES Legislative Control x o o o Power over budget Amendment of enabling statute Elimination of agency Enactment of guidelines Judicial Review x o o o Excess of authority Proper interpretation of applicable law Violation of constitution Violation of required legal procedure ...
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