Synposis of chapter6 Administrative Law from the text book attached

Chapter 6 - administrative agencies

COLLAPSE

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Administrative agency are non-legislative non-judicial bodies that exist at every level of the government, their role is to make interpret and enforce regulations.

An example of the federal administrative agencies can be the Department of Transportation, the Department of Labor, Commodity Futures trading commission, Environmental Protection Agency, etc.

The role of administrative agencies is around specialization, where there are complexities in the regulation like: environmental, nuclear or financial, their role is to protect small interests and small businesses, provide more rapid enforcement of the law and achieve social goals.    

There are laws that govern the administrative agencies like the administrative procedures act, the Freedom of Information act, Federal privacy act, Government in the sunshine act, regulatory flexibility act, and Federal Register act.

Administrative agencies have three functions: promulgating regulations, enforcing rules, and adjusting rules

Promulgating regulations: in a formal and informal form, both follow the same steps, except for hearing (missing in the informal rule making)

1. Congress enabling act

2. Agency research the problem

3. Proposes a regulation

4. Public comment period

5. Deciding what to do with the proposed regulation: Action on the rule is taken

1. new rule

2. modify

3. request additional comment

6. Court and legislative can challenge the proposed regulation

7. Sunset law: the agency would be dissolved if it does not produce output that justifies its purpose

8. Administrative law of appeal: regulations can be appealed  

Enforcing the regulation:

Regulations can be enforced through licensing and inspections: some agencies can issue fines, which can lead to the prosecution of business, which starts with a complaint by the agency, the business can choose to settle by “consent decree”, or hearings can be held.

In international market, there is a notion that the US administrative agencies and excessive regulation hinder businesses ability to operate in the international market due to the complexity, hence the call for eliminating regulations and/or streamline them.

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Discussion post2:

Administrative agencies are statutory creations within the executive branch that have the power to make, interpret, and enforce laws. These agencies exist at just about every level of government. Administrative agencies have a role to: specialize in particular areas of the law; protect small businesses; faster relief; due processes; and social goals. The laws governing administrative agencies include: Administrative Procedure Act, Freedom of Information Act, Government in the Sunshine Act, and the Federal Register Act.

            The three functions of an administrative agency are: promulgating regulations, enforcing rules, and adjudicating rules. These three areas have an effect on businesses when dealing with administrative agencies. The legislative function of administrative agencies has two forms: formalrulemaking and informal rulemaking and they may be combined in some instances, where it is called hybrid rulemaking.

            Administrative agencies make the rules and also enforce them.  Many are in charge of licensing and inspections, where they screen businesses before permitting operation. They are also given authority to prosecute violators. It is unclear how much authority agencies have in giving enforcement proceedings and what types of sanctions an agency can impose for violations. Agencies can give consent decrees, where a business decides not to go through with a hearing, but to accept the penalties proposed by the agency. If there is not agreement reached using the consent decree a hearing is initiated. This includes the agency, the administrative law judge, the party charged with the violation, and alsointervenors. After the hearing, once the decision has been made, the decision can be appealed.

Administrative Agencies – What is their purpose?

Administrative agencies make rules.  They are in charge of transitioning proposed rules into actual rules with public participation.  They also are in charge of the federal register, which is a publication updated daily of proposals, hearings, rules, etc.  The administrative agencies are also in charge of licensing of businesses, which is necessary before operations.  They also perform inspections to make sure businesses stay within compliance of rules within their industry.

Administrative Agencies – Rules

Similar to many court system processes, the agencies have to research what has caused the proposal of a rule and create reason why/why not the rule should be in place with sufficient evidence.  Then there is a public comment period, where individuals and businesses can provide their opinions on the rule proposed.  After this, promulgation is when the rule that has been proposed is approved by heads of agencies.

Administrative Agencies – Law Enforcement

After licensing and inspections, prosecution of businesses, and the beginning steps of law enforcement, comes consent decrees.  Consent decree is a document that replaces a hearing, and is a settlement where companies agree to penalties that are proposed by an agency.  Then, if there cannot be an agreement met through the consent decree, a hearing will take place.  When this happens, the judge that will be on the case is known as an administrative law judge, which is a judge at the federal level.  This judge has all of the powers of any other judge, as well as a little bit more in some circumstances.  Lastly, after the hearing, there is a chance for appeal. 

Discussionpost3:

In this chapter the author has discussed about Administrative laws. An administrative agency is a constitutional concept within the executive branch with the supremacy to make, interpret, and impose laws. These agencies exist at almost every level of government but is neither legislative or judicial. Licensing regulations for professions like architects, nurses, doctors, etc. is government by these state agencie. Federal agencies are created by Congress while state legislatures create state agencies, and so as for cities administrative agencies.

Roles of administrative agencies are describing as follows:

· Specialization

Agencies are specialist in their respective areas of law, which is needed looking at the complexities and area where its regulated.

 

· Protection for small business

An agency formed to manage certainty in advertising would take on routine prosecution to ensure the duly rights for small business owners are not overlooked.

 

· Faster assistance

Administrative agencies also serve as review boards for granting licenses, which enables quicker application approval and reviewal process as per legislation granting permits.

 

·  Due Process

Agencies provides opportunity to be heard which in turn provide citizens to present their side of the story and have formative and just judgment is served.

 

· Social goals

Administrative agencies can function self-sufficiently of the jurisdictive and legislative branches, so the usual delays obtaining resolution with social issues can be taken care off in a proper manner.

 

Various laws that governs such Administrative agencies are:

 

· Administrative Procedure Act (APA)

· Freedom of Information Act (FOIA)

· Government in Sunshine Act (Open Meeting Law)

· Federal Register Act (FRA: Created Federal Register System made up of three Regulations)

· Federal Privacy Act (FPA)

Two major area where business interacts with Administrative agencies are:

· Providing input when Agencies are propagating protocols

· Formal Rulemaking (Complex, multi-step procedure)

· Business Rights in Agency Enforcement Acon: Administrave Agencies make and enforce laws.

· They are responsible for adjudicang disputes over the scope or interpretaon of the rules. The

· steps involved in agency enforcement and adjudicaon are: Licensing and Inspecons,

· Prosecuon of Businesses, Beginning Enforcement Steps, Consent Decrees, Hearings, and

· Administrave Law of Appeals

· Business Rights in Agency Enforcement Acon: Administrave Agencies make and enforce laws.

· They are responsible for adjudicang disputes over the scope or interpretaon of the rules. The

· steps involved in agency enforcement and adjudicaon are: Licensing and Inspecons,

· Prosecuon of Businesses, Beginning Enforcement Steps, Consent Decrees, Hearings, and

· Administrave Law of Appeals

 

The rulemaking is the process for formulating, amending, or repealing an agency rule. The substantive rules are commonly referred to as regulations; regulations are the directions where an agency adds detail, expertise, or standards to a statute passed by Congress and delegated to the agency.   An agency follows a specific process to adopt substantive rules. First, an agency delivers announcement by issuing the projected rule and the basis for it in the “Federal Register.” Secondly, the agency settles a comment period for any involved parties to submit inscribed data, views, or opinions to the agency (to which the agency responds). The agency will then republish in the Federal Register the proposed rule and basis with the agency’s answers to the public comments. Subsequently, assuming no more changes, the proposed rule grow into a final rule and is published in the Code of Federal Regulations, which is normally referred to as the “CFR.”

 Reference:

Jennings, M. M. Business: Its Legal, Ethical, and Global Environment. [Cengage]. Retrieved from https://cengage.vitalsource.com/#/books/9781337514392/