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 ...
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