Chapter 5 ADMINISTRATIVE LAW

Chapter 5 ADMINISTRATIVE LAW - ADMINISTRATIVE LAW CHAPTER 5...

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9/20/11 ADMINISTRATIVE LAW CHAPTER 5 “Perhaps more values today are affected by administrative decisions than by those of all the courts” (P.130) Justice Robert Jackson
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9/20/11 HISTORY n In simple nonindustrial economy, little regulation was needed. n With the development of a sophisticated industrialized economy came the need for regulation, hence agencies to create rules and administer them.
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9/20/11 Rules, Orders, Decisions n Are made by federal agencies, and where not preempted by federal law, state and local agencies make rules, orders and decisions.
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9/20/11 WHO CREATES THEM AND WHY?
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9/20/11 AGENCY CREATIONS AND POWERS n Congress creates federal administrative agencies n “Enabling Legislation” Statutes by Congress that authorize the creation of an administrative agency and specify the name, composition, and powers of the agency being created. n States can do the same thing.
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9/20/11 Enabling Legislation – Example (p.131) n FEDERAL TRADE COMMISSION ACT (1914). It prohibits unfair and deceptive practices. n The act grants powers to the agency in order to charge persons for violating the act. n Look at Exhibit 5 on page 131.
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9/20/11 FTC n 5 members on commission, appointed by president, approved by Senate. Term of 7 years. n FTC creates rules and regulations.
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9/20/11 FTC n FTC conducts investigations of business practices. n Obtains reports from interstate businesses. n Investigates possible violations of antitrust statutes n And other statutes
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9/20/11 FTC n It publishes its findings. n It recommends new legislation n It holds trial-like hearings to resolve certain kinds of trade disputes that involve FTC regulations or antitrust laws.
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9/20/11 TYPES OF AGENCIES n EXECUTIVE AGENCIES n (Examples) n Secretary of State n Department of Agriculture n INDEPENDENT REGULATORY AGENCIES n Securities and Exchange Commission (Mary Shapiro) Federal Reserve Ben Bernanke
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9/20/11 FEDERAL EXECUTIVE AGENCIES n SEE EXHIBIT 5-2 ON PAGE 131 n Federal executive agencies include the cabinet departments of the executive branch, which were formed to assist the president in carrying out the executive functions. (15 cabinet departments.)
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9/20/11 EXECUTIVE AGENCIES n State Department n Treasury (IRS) n Interior (National Park Service) n Justice (FBI, DEA) n Agriculture (Food Safety and Inspection Services) n Commerce (Census, Patent and Trademark) n Labor (OSHA) n Defense (NSA) n Housing and Urban Development (Gov’t National Mortgage Assn) n Transportation (FAA, FHA) n Energy (Office of Nuclear Energy) n Health and Human Services (FDA, Medicare and Medicaid) n Education (Offices related to various school services) n Veterans’ Affairs (VHA, National cemetery system) n Homeland Security (US Citizenship and Immigration Services, Coastguard)
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9/20/11 INDEPENDENT REGULATORY AGENCIES n All administrative agencies are part of the executive branch, but independent regulatory agencies are outside the major executive departments.
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9/20/11 INDEPENDENT REGULATORY AGENCIES n Federal Reserve Board of Governors
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Chapter 5 ADMINISTRATIVE LAW - ADMINISTRATIVE LAW CHAPTER 5...

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