Law Chap 10

Law Chap 10 - Law Chap 10 ADMINISTRATIVE LAW The primary...

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Law – Chap 10 ADMINISTRATIVE LAW: The primary sources of administrative law include (1) enabling statutes for various agencies, (2) the Administrative Procedures Act, and (3) court decisions that review the validity of agency actions or decision. Rule Making: Through its rulemaking power, the agency seeks to develop administrative rules and to state its regulatory policy. Different agencies call rules by different names, such as guidelines, opinions, standards, and so forth. Types of Rules —Administrative rules are classified as being either substantive ( legislative), interpretative, or procedural. Substantive or Legislative Rules—Legislative are essentially administrative statutes that have the same force as a law enacted by Congress. (The APA generally requires that the agency provide interested parties with public notice and the opportunity to comment.) Interpretative Rules—Interpretative rules are statements issued by an agency to provide both the agency staff and the public with guidance regarding the interpretation of a statute or regulation. (These rules are generally exempt from the APA's notice and comment requirements). Procedural Rules—Procedural rules identify an agency’s organization, describe its methods of operation, and detail internal practices. After the enactment of its procedural rules, an agency is generally bound to comply with them. Rulemaking Procedure —When an agency makes a legislative or substantive rules, which are usually of most consequence to business, unless specifically directed by Congress to do otherwise, it follows APA requirements for informal or formal rulemaking procedure. In either case, there must be public notice of a proposed rule, usually in the Federal Register. Interested parties submit their positions and rationales to an agency considering a rule and agencies may seek other relevant sources of information. All information need not be in formal agency records. The information submitted is in the public record and the agency must consider the information presented in making the final rule. ENFORCING RULES: Whether a regulation is written by Congress or by an agency, rule enforcement by agencies is a major part of their function. To enforce rules, they must have sources of information about possible violations, so they use various sources of information. Investigative Powers
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This note was uploaded on 03/31/2011 for the course LEG 101 taught by Professor Wang during the Spring '11 term at Adelphi.

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Law Chap 10 - Law Chap 10 ADMINISTRATIVE LAW The primary...

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