Chapter 23

Question 1

agency law deals with

Answer 1

administrative agencies (state and federal)

businesses must comply with rules made by these governmental admin agencies

admin agencies make rules than can be as legally binding as laws that Congress passed

US Dpt of Labor
IRS
US Dpt of Education

Question 2

state example of admin agency

Answer 2

law: TN Workers Compensation

agency: TN Dpt of Labor

Power:
creates rules/regulations
conduct investigations
adjudicate cases

Question 3

other examples of administrative agencies making decisions:

Answer 3

losing licenses - TN Dpt of Safety
property taxes - zoning changes
professional license - teaching, paramedic, etc.

Question 4

agencies functions

Answer 4

1) rulemaking
2) enforcement
3) some times have trials

Question 5

enforcement

Answer 5

fed/state agency will enforce its own rules if comapny not following

• inspections by OSHA
  -works comp by TN Dpt of Labor

Question 5

rulemaking procedures

Answer 5

gov agencies must publish a notice of the proposed rule prior to enacting the rules - allows companies/public to contest new rule

Question 6

trials

Answer 6

some agencies conduct the trials within their agency

will have administrative law judges making decisions

these judges must go by the adminstrative procedure act

Question 7

court reviews agency decision

Answer 7

STANDARD - courts will ONLY set aside agency actions if arbitrary and capricious test and abuse of discretion

court rarely set aside agency ruling

Question 8

judicial enforcement (however..)

Answer 8

the courts will enforce and agency decision

example - TN Dpt of Safety judges rule that Joe’s vehicle did not have drugs and that the vehicle should be returned to Joe

court can enforce this decision if the TN Dpt of Safety does not comply

Question 9

Freedom of Information Act

Answer 9

all fed (and state) agencies must make their recorded available (unless national security) can be charged for copying etc.

as an employer - what kind of documents might you want under FOIA

example: fire someone based on their age, filed with EEOC, but also filed with unemployment, those records show job performance, you want all of both documents to catch that person in a lie
- or even just investigate if ever had a work related injury

Question 10

sunshine law

Answer 10

open meetings law

no member or group of members may attempt to exercise powers except in duly assembled session and the requirement that sessions be public