Nick Fortu11

Nick Fortu11 - Nick Fortune October 22, 2007 Business Law...

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October 22, 2007 Business Law 230 Chapter 6 Outline Agency Creation and Powers Congress cannot oversee actual implementation of all laws it enacts so it must delegate these tasks to others especially when highly technical areas, such as air and water pollution are involved. Congress can monitor particular areas in which it has passed legislation by delegating some of its authority to administrative agencies. To create an administrative agency, Congress passes enabling legislation which specifies the name, purposes, functions and powers of the agency being created. Federal agencies may exercise only those powers that Congress has delegated to them in enabling legislation. Through similar enabling acts, state legislatures create state administrative agencies. Types of agencies There are two basic types of administrative agencies: executive agencies and independent regulatory 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. The Occupational Safety and Health Administration for example 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. The FTC and SEC are examples of independent regulatory agencies. The accountability of the regulators is the most significant difference between the two types of agencies. Agencies that are considered part of the executive branch are subject to the authority of the president, who has the power to appoint and remove federal officers. In theory this power is less pronounced in regard to independent agencies whose officers serve for fixed terms and cannot be removed without just cause. Agency powers and the constitution Administrative agencies usually occupy an unusual niche in the U.S. legal scheme because the exercise powers that are normally divided among the three branches of government. Legislative rules
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Nick Fortu11 - Nick Fortune October 22, 2007 Business Law...

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