Chapter%206 - Chapter 6: Govt. Regulation of Business and...

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Chapter 6: Govt. Regulation of Business and Ethics David Baumer, Spring 2003
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Govt. Regulation and Ethics Much of the legal environment is based on govt. agencies, e.g., EPA, EEOC and so on There are few constraints on the subject matter of the fed. govt. regulation Just about everything “affects” interstate commerce Still self-regulation is a potent force that is important in many professions The extent of govt. regulation of cyberspace probably depends how responsible or irresponsible participants are Certainly there have been a number cyberspace statutes passed already
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Administrative Law Enabling statutes create and define administrative agencies Regulations issued by administrative agencies first appear in the Federal Register And are later codified in the Code of Federal Regulations Total regulations at the fed. level are massive— 19 feet of shelf space
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Admin. Agencies The Occupational Safety and Health Administration is one of many govt. agencies Obviously OSHA is directed towards achieving greater worker safety In order to promulgate new substantive regulations, admin. agencies have to comply with the Administrative Procedures Act (APA) The APA requires advance notice of proposed new regulations appear in the Federal Register The APA also requires that the agency must provide an opportunity for interested parties to make their views known
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New Regulations For new regulations that are not substantive, but rather interpretative or procedural The agency does not have to provide notice in the Fed. Register and provide for hearing to receive comments Interpretative regulations refer to how the agency interprets the laws it enforces Procedural regulations relate to the requirements parties have to follow to complain about or appeal decisions of the agency
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Independent Admin. Agencies The heads of most agencies serve at the pleasure of the president and can be removed for any or no reason The heads of “ independent” agencies have fixed terms and cannot be removed before the expiration of their terms unless there is a showing of malfeasance All agencies do various things to carry out their responsibilities Investigations —they must determine if the laws they are supposed to enforce are being violated Issue subpoenas —agencies are entitled to subpoena records from businesses Must be relevant to their authority
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Admin. Agencies These agencies have a lot discretion It is best for businesses to cooperate with govt. regulators when possible In some cases litigation will take place but in other instances compromises can be worked out If an agency decides to take action against a business they can take a number of sanctions Fines or penalties, Denial or revocation of licenses Seizure of property Lawsuits against the company in federal courts
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Admin. Agencies When agencies first take actions against a
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This note was uploaded on 09/26/2011 for the course BUSINESS 411 taught by Professor Staff during the Spring '11 term at Youngstown State University.

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Chapter%206 - Chapter 6: Govt. Regulation of Business and...

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