BL-Chapt43 - Print Chapter Page 1 of 25 Administrative Law Chapter Introduction 43-1 The Practical Significance of Administrative Law 43-2 Agency

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Administrative Law Chapter Introduction 43-1 The Practical Significance of Administrative Law 43-2 Agency Creation and Powers 43-2a Enabling Legislation–An Example 43-2b Types of Agencies 43-3 The Administrative Procedure Act 43-3a The Arbitrary and Capricious Test 43-3b Rulemaking Procedures 43-3c Informal Agency Action 43-4 Judicial Deference to Agency Decisions 43-4a The Holding of the Chevron Case 43-4b When Courts Will Give Chevron Deference to Agency Interpretation 43-5 Agency Enforcement and Adjudication 43-5a Investigation 43-5b Adjudication 43-6 Limitations on Agency Powers 43-6a Judicial Controls 43-6b Executive Controls 43-6c Legislative Controls 43-7 Public Accountability 43-7a Freedom of Information Act 43-7b Government in the Sunshine Act 43-7c Regulatory Flexibility Act 43-7d Small Business Regulatory Enforcement Fairness Act Chapter Recap Page 1 of 25 Print Chapter 2010-8-30 ..
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Chapter Introduction Government agencies established to administer the law have a great impact on the day-to-day operations of the government and the economy. Administrative agencies issue rules covering virtually every aspect of a business's activities. At the federal level, the Securities and Exchange Commission regulates a firm's capital structure and financing, as well as its financial reporting. The National Labor Relations Board oversees relations between a firm and any unions with which it may deal. The Equal Employment Opportunity Commission also regulates employer-employee relationships. The Environmental Protection Agency and the Occupational Safety and Health Administration affect the way a firm manufactures its products, and the Federal Trade Commission influences the way it markets those products. Added to this layer of federal regulation is a second layer of state regulation that, when not preempted, may cover many of the same activities as federal regulation or regulate independently the activities that federal regulation does not cover. Finally, agency regulations at the county or municipal level also affect certain types of business activities. The rules, orders, and decisions of administrative agencies make up the body of administrative law. You were introduced briefly to some of the main principles of administrative law in Chapter 1. In the following pages, we look at these principles in much greater detail. Page 2 of 25 Print Chapter 2010-8-30 ..
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43-1 The Practical Significance of Administrative Law Exhibit 43–1: Costs of Regulation to Businesses Unlike statutory law, administrative law is created by administrative agencies, not by legislatures, but it is nevertheless of paramount significance for businesses. When Congress–or a state legislature–enacts legislation, it typically adopts a rather general statute and leaves its implementation to an administrative agency, which then creates the detailed rules and regulations necessary to carry out the statute. The
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This note was uploaded on 10/12/2011 for the course ACCT 362 taught by Professor Mint during the Fall '11 term at CUNY Queens.

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BL-Chapt43 - Print Chapter Page 1 of 25 Administrative Law Chapter Introduction 43-1 The Practical Significance of Administrative Law 43-2 Agency

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