Structure of agencies most agencies are created by

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Structure of Agencies Most agencies are created by Congress Typically directed by a commission, appointed by the president Either department of exec. branch or mostly autonomous Appointees usually only serve during the term they were appointed
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The Agencies There are A LOT of agencies Not all on the lists below are regulatory cies - agencies/a
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Agency Involvement Nearly every profession or industry has some type of regulatory agency policing it Enforce health-, safety-, sales-related rules/laws Agencies tend to have overlapping jurisdiction No hard and fast rule for establishing jurisdiction Often, it is for the agencies to sort out
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Primary Functions Three main functions Rule making Create regulations that govern their respective industry Administration The process of promoting adherence and determining compliance to the rules Adjudication Identifying and punishing rule violation
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Administrative Law Government regulation tends to be the primary means of WCC control Compared to criminal sanctions, regulations are More frequently applied Generally, lack the same stigma Often strict liability rather than intent-based Tend to focus on risk of harm (as opposed to occurrence) Non-adversarial process
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Benefits of Agency Control Agency regulation allows for flexible responses to ever-changing business circumstances Congress often lacks the necessary knowledge Law creation is a long, political process Criminal prosecution is generally slow Agency intervention can be quick, without a formal trial Agencies retain the ability to send cases for prosecution
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Drawbacks of Regulation Business typically opposes regulation Spend millions lobbying for favorable practices Government is often reluctant to enact and/or enforce regulation The state has an economic interest in corporate production and success Public pressure is often the catalyst for regulation Usually responds to a crisis, thus it’s already “too late”
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Regulation Process Regulatory philosophy differs from that of conventional crime prevention Enforcement and decision-making vary by agency Many cases are often dropped when it is impractical to pursue them further Determining compliance vs. non-compliance How non-compliance is handled Violations can be handled informally, depending on the violation Can escalate to a formal hearing, if need
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Regulation Process Hearings are presided over by an admin. judge Defendants may have an attorney No right to a trial by jury Agencies have the ability to impose sanctions Appeals are handled internally Only then possible for appellate court review Criminal proceedings are usually a last resort
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Regulatory Philosophy Compliance versus deterrence Agencies are less likely to take the initiative to investigate possible violations Less like a police force, seek voluntary compliance
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