Terms in this set (45)
Why do we have administrative agencies?
To allow the government to collect expertise or specialization & assist the government in doing its job
Which branch of government at the federal level does most agencies assist?
How is an administrative agency created?
Enabling legislation is the statuette that creates the agency & gives it power
What are the types of administrative agencies ?
Independent Regulatory Agencies
what do executive agencies do?
designed to help the branch fulfill its Constitutional role
How long can a person be head of a sub- independent agency?
1 year & cannot be fired unless its a just cause.
What do administrative agencies do?
have Rulemaking Authority
What power does the Rulemaking Authority give administrative agencies?
Power to promulgate rules & regulations to tell the regulative public what to do, how to do it, or what not to do
What power does licensing give administrative agencies?
the ability to determine who can enter into particular industry & on what grounds
What power does investigations give the administrative agencies?
the power to induct investigations to ensure that their rules are being followed
What power does enforcement give the administrative agencies?
the power to tell business that they must comply & have methods to compel businesses to comply w/ regulations issued by a Administrative Agencies
What are the steps of Notice & Comment Rulemaking?
Step 1: Publish Notice of proposed Rulemaking in the Federal Register
Step 2: Comment Period
Step 3: Respond to all Significant Comments
Step 4: Publish Final Rule in Federal Register
What does the notice for Rulemaking include?
Proposed rule & what the regulations
Reason 4 the new rule
Publish its estimate of how much time it will cost a small business to comply w/ a new rule
What happens during the comment period of Notice & Comment Rulemaking?
Provides a period of time & method through which those affected by the rule can contact the agency about the rule & its effects
What actions are taken during the Respond to all significant comments in Notice & Comment Rulemaking?
Agencies group comments into categories in response to the categories & responds to the category of comments (must include what the agency has done in response to the comment
What is the purpose of the Notice & Comment Rulemaking?
to fulfill the Constitutional requirements of due process
What do Informal Agency Actions intend to do?
provide you & your business w/ guidance on what an agency intends to do & how it tends to interpret & enforce the statuettes that it is responsible for enforcing
go into the Regulated business look around make sure that business is complying w/ regulations & other statutory requirements
Allows an agency to take steps to insure that an employer, company or industry is complying w/ the regulations & laws of the federal government
What ways are used by administrative agencies to enforce regulations?
Negotiated settlements/consent decrees
Hearing before an Administrative Law Judge
What is a consent decree?
an agreement by a business to comply in the future or to take particular steps to correct pass violations of the law
What are the details of a hearing before an Administrative law judge?
once a complaint is filled within the agency the defendant or respondent has the opportunity to answer that compliant
What is the initial order?
the judge's issued decision
What does the final order include?
losing party may appeal the initial order within the agency
its the court relying on the agencies expertise or giving he agency the benefit of the doubt in many cases b/c of the agency is full of people who are supposed to be experts in a field
means that the agency hasn't been consistent
means it didn't have a good reason for what it did
Interested companies engaged
Provisional Patent Application Filed
Patent Costs Reimbursed
The executive branch controls what agency powers?
checks on the powers of the agencies
What are the checks the executive branch has in place for agencies?
1st check is the president's appointment power
2nd check is the president has veto power
Explain the check the president's appointment power.
President has the power to remove the heads of those agencies
Explain the check the president has veto power
The power to veto enabling legislation or modifications enabling legislation
what are the checks the legislative branch has in place for agencies?
1st legislative branch writes the enabling legislation giving power to the agency
2nd legislative brand has the power of the purse & is able to take away funding from an agency, if it is acting in ways that legislature disapproves of
3rd Congrss has the power to investigate the agency's how the agency is acting
4th Congress has the power to freeze regulations by passing a law that stop the enabling of a particular set of rules or regulations
What control does the judicial branch have over agencies?
the judicial branch reviews agency rules & regulations applications to the real world & has the power to decide whether or not the agency has acted beyond the power given to it in its enabling legislation
What is enabling legislation??
creates the agency & gives it specific power
Administrative Procedures ACT
sets minimum requirements for the actions of an agency. It sets forth certain uniformed procedures for the agency in its rule making process as well as minimum protections during the adjudication process
Freedom of Information Act
Allows citizens to gain access to certain agency information in record upon request for good reason
Federal Privacy act
Prohibits federal agencies from communicating any records to another agency or person w/o 1st obtaining the person's consent. Protects all records about individuals that an agency has including a person's medical & employment histories
Government in the Sunshine Act
meetings involving agency's heads must be open to the public
Federal Register Act
requires that proposed administrative regulation be published in the Federal Register
Regulatory Flexibility Act
whenever a new regulations will have a significant impact upon a substantial # of small entities the agency must conduct a Regulatory Flexibility analysis
Small Business Regulatory Enforcement Fairness Act
Allows Congress to review new federal regulations for at least 60 days before they take effect