ch06 - Chapter 6 ADMINISTRATIVE AGENCIES Nature of the...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Chapter 6 ADMINISTRATIVE AGENCIES Nature of the Administrative Agency Purpose and Uniqueness of Administrative Agencies. Open Operation of Administrative Agencies. Open Records: FOIA. Open Meetings: Sunshine Act. Public Agency Guidelines. 2 The Administrative Chain of Command We, the People Executive Branch Legislative Branch Judicial Branch The Administrative Agency Executive Function Legislative Function Judicial Function Limited Review Appeal We, the People 3 Legislative Power of the Agency Agency's Regulations as Law. Agency Adoption of Regulations. Congressional Enabling Act (example: EEOC). Proposed Regulations. Federal Register Act in Federal Register. Proposed Comment Period. Options After Comments. 4 Executive Power of the Agency Enabling act Study Draft of Rules Publication of Proposed Rules Rules Modified and Republished OR Rules Adopted OR Rules Modified, then Adopted Public Comment, then... 5 Executive Power of the Agency Enforcement or Execution of the Law. Constitutional Limitations on Administrative Investigation. Inspection of Premises: possible when danger is great and business is highly regulated (liquor). Aerial Inspection. Production of Papers. Compliance Verification. 6 Judicial Power of the Agency Agency as a Specialized Court. Beginning Enforcement: either private individual or agency may file complaint. Administrative Hearing. Due Process (Notice and Hearing). Informal Settlements / Consent Decrees. 7 Judicial Power of the Agency Civil Penalties. Cease and Desist Orders. Exhaustion of Administrative Remedy. Appeals. Fact and/or Law issues. Beyond the Jurisdiction of the Agency. Arbitrary and Capricious. 8 ...
View Full Document

This note was uploaded on 05/12/2010 for the course BUS 2241 taught by Professor Mcguinnes during the Spring '10 term at Valencia.

Ask a homework question - tutors are online