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Unformatted text preview: Powers and Functions of Agencies It might help you to conceptualize three very broad agency powers or functions: 1. Rule-making (formal or informal) 2. Rule enforcement 3. Adjudication Rule-making Look at the blue box in this section of your book - it might help you learn the steps involved in enacting administrative rules. Make sure you understand the two ways in which agencies formulate rules and when each method is used: informal (notice and comment) or formal (live hearings with testimony on the record.) Rule enforcement Please refer to your book for this information. It includes an interesting example of an agency, the SEC, performing its prosecutorial function under the recently enacted Sarbanes-Oxley Act. Adjudication Here the lesson covers the legal principles that apply when a court is reviewing a decision of the ALJ or agency governing board, or deciding whether it can hear such a case. Standing, exhaustion of administrative remedies , and ripeness all apply when the court is to determine whether an appeal is appropriate. The substantial evidence rule and abuse of discretion rule apply once an appeal is properly before the court. These rules affect the way in which the court will decide the case. Standing - you've already learned what this is in Chapter 2. The same concept applies to agencies as well....
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- Fall '11