Chapter 15 Flashcards
(27 cards)
Administrative agency
a board, bureau, or organization set up by a federal/state government to create rules/regulations that impact the legal environment of a business
Examples of administrative agencies
SEC, FDC, OSHA, Federal Reserve
How do administrative agencies get power?
Executive, Quasi-Legislative, Quasi-Judicial
Executive (Administrative Agency)
Enforcing Laws/Regulations
Power to investigate, prosecute, advise, and supervise
Quasi-legislative
Make Regulations
Quasi-judicial
Adjucating violations of laws / regulations,
Decide controversies
Reasons for administrative agencies
Specify, Expertise, Protection, Regulation, Services
Cease-and-desist order
violator must stop objectionable activity and refrain from further violation
Consent order
requires the accused to waive rights to judicial law
Settlement agreement
saves time and resources
Functions of admin agencies
Rulemaking, Adjucating, Advising, and Investigating
Advising (Function of an AA)
Reporting and Issuing opinions to the President/Congress/the Public
Investigating (Function of the AA)
Investigate potential illegal activity,
Subpoena powers
Organization of Agencies
Chairperson, Secretary, Advisory Council, General Counsel, Director of Operation, Executive Director of Administration, Regional Offices
Chairperson
Presiding officer, appointed by the President (same political party)
Secretary
Responsible for records, Signs Orders
Advisory Council
NOT employed by the agency, Middle man between regulators and those being regulated
General Counsel
Legal adviser
Regional Offices
Investigate violations of the law
Immunity
Protection of judges from liability of damages based on decisions
Agencies + The Public
Public notice of rules + Public hearings –> React to public opinion
Agencies + the Government
Each branch has control over admin process
Agency Decisions - Standing to Sue
Reviewability + Aggrieved Party
Reviewability (Standing to Sue)
Is the action/decision of the agency subject to judicial review?
