ch 20: administrative law Flashcards
practical significance
Legislatures make general laws, while administrative agencies create the detailed rules to enforce them (this is cuz they can handle the specifics)
how does congress create an admin agency
it enables legislation
what is the federal trade commision act FTC
prohibits unfair and deceptive trade practices and describes the procedures that the agency must follow
FTA grants the FTC to
Create rules and regulations for the purpose of carrying out the act
Conduct investigations of business practicies
Obtain reports from interstate corporations concerning their business practices
Investigate possible violations of federal antitrust statutes
Publish findings of investigations
Hold trial like hearings
delgation doctorine
constructed to allow congress to delegate some of its powers to make/implement laws to admin agencies
Bureaucracy
org structure consisting of govt bureaus and agencies thru which the govt implements and enforces the law (sometimes referred to the 4th branch)
exec controls on administrative agencies
can veto legislation passed by congress to modify an agencies powers
legislative controls on admin agencies
congress gives powers to agency thru enabling legislation but can abolish this power and also has power to investigate their laws and agencies. Also the APA
judical controls on admin agencies
-Courts check agency actions through reviews but before going to court u must follow all procedures and exhaust all other remedies (exhaustion doctrine)
Exhaustion doctrine
principle that a complaining party normally must have exhausted all available administrative remedies before seeking judicial reviewhow much is it to print how much is black and white a
what is apa
sets rules that admin agencies follow in performing
under apa courts can reject an agencies decision if it is…
arbitrary and capricious
Courts can decide if an agencies decision is arb or carp if it
Fails to provide rational explanation for decision
Changed its prior policy without justification
Considered legally inappropriate factors
Failed to consider a relevant factor
Rendered a decision plainly contrary to the evidence
Fair notice
PA requires agencies to give notice to people affected by their regulations before making changes.
Agencies must provide fair notice of what conduct will be expected before applying new rules.
fox tv example
the FCC changed its policy so that obscene language on a radio/tv violates regulations but they did not announce it and someone said the f word on a tv award show on foc, but since they did not give fair notice the fcc cannot sanction fox
fed agencies 3 basic functions
rulemaking, enforcement,, and adjudication
apa defines a rule as
an agency statement that applies generally/ specifically and meant to enforce/explain laws
can regulations be legislative meaning they are binding
yes true
APAs notice and comment rule making procedure
1-notice of proposed rulemaking
2-comment period
3-final rule
Federal register-
daily publication of the executive branch that prints government orders, rules, and regulations
hemp industries example
HIA sell products made from hemp stuff but the DEA publishes rules that ban the possession of HIAs products bc of the drugs but A court will likely overturn the DEA’s ban on hemp-based food products because the agency did not follow formal rulemaking procedures
enforcement
Agencies can investigate and gather info thru on site inspections such as safety inspections
Normally businesses comply with inspections but some can reduce if they think its unreasonable, in this case an agency may resort to the use of a subpoena or search warrant
