1. Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning Chapter 6 Administrative Agencies Twomey Jennings Anderson’s Business Law and the Legal Environment, Comprehensive 20e Anderson’s Business Law and the Legal Environment, Standard 20e Business Law: Principles for Today’s Commercial Environment 2e

2. Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning 2 Nature of the Administrative Agency Purpose and Uniqueness of Administrative Agencies. Open Operation of Administrative Agencies. –Open Records: FOIA. –Open Meetings: Sunshine Act. –Public Agency Guidelines.

3. Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning 3 The Administrative Chain of Command We, the People Executive BranchLegislative BranchJudicial Branch The Administrative Agency Executive Function Legislative Function Judicial Function Limited Review Appeal We, the People

4. Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning 4 Legislative Power of the Agency Agency’s Regulations as Law. Agency Adoption of Regulations. –Congressional Enabling Act (example: EEOC). –Proposed Regulations. Federal Register Act in Federal Register. –Proposed Comment Period. –Options After Comments.

5. Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning 5 Enabling act Study Draft of Rules Publication of Proposed Rules Public Comment, then… Rules Modified and Republished OR Rules Adopted OR Rules Modified, then Adopted Executive Power of the Agency

6. Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning 6 Executive Power of the Agency Enforcement or Execution of the Law. Constitutional Limitations on Administrative Investigation. –Inspection of Premises: possible when danger is great and business is highly regulated (liquor). –Aerial Inspection. –Production of Papers. –Compliance Verification.

7. Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning 7 Judicial Power of the Agency Agency as a Specialized Court. –Beginning Enforcement: either private individual or agency may file complaint. Administrative Hearing. –Due Process (Notice and Hearing). –Informal Settlements / Consent Decrees.

8. Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning 8 Judicial Power of the Agency Civil Penalties. Cease and Desist Orders. Exhaustion of Administrative Remedy. Appeals. –Fact and/or Law issues. –Beyond the Jurisdiction of the Agency. –Arbitrary and Capricious.