Principles of Administrative Law and the Regulatory Process

Principles of Administrative Law and the Regulatory Process
Display slide. Say “Welcome to the Principles of Administrative Law and the Regulatory Process session of the CLEAR Learning NCIT Basic course.” Introduce yourself, including a brief overview of your credentials and history with CLEAR. National Certified Investigator & Inspector Training Basic Program Instructor Name Agency

Session Introduction Display slide.
Explain that we will first review the session learning objectives and session structure. Explain the importance of administrative codes to the everyday work of an inspector/investigator. Acknowledge the difficulty in being more specific about administrative codes during this chapter. Attendees come from a variety of jurisdictions, whose codes will differ from one another; therefore, this module is necessarily generic when talking about administrative codes. This session will however, include discussion of broad, fundamental concepts under which regulatory entities generally operate.

Learning Objectives Upon completion of the session, you will be able to: Understand that the general classification of administrative law is civil, not criminal Understand the foundations for administrative law procedure Identify the role of a board in the regulatory process and the powers that are exercised by boards Display slide. Explain the learning objectives on the screen. Ask if there are any questions.

Learning Objectives Upon completion of the session, you will be able to: Define the differences between: A Law and a Statute A Regulation and a Rule A Guidance Document and a Policy List the three types of administrative agencies Identify the area most often challenged in administrative hearings Display slide. Explain the learning objectives on the screen. Ask if there are any questions.

Learning Objectives Upon completion of the session, you will be able to: Define the four general methods used by administrative agencies to adjudicate regulatory cases List the criteria courts use to ensure an administrative action was legal when a challenge or appeal is made Display slide. Explain the learning objectives on the screen. Ask if there are any questions.

Session Map Principles of Administrative Law
Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Display slide. Explain that there are six principles of administrative law that will be demonstrated today. Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process – Definitions Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Ask if there are any questions.

Sources and Functions of Administrative Law
Display slide. Explain that the first section deals with sources and functions of administrative law.

Sources & Functions of Administrative Law
Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Sources & Functions of Administrative Law Administrative Law is a branch of statutes, rules, policies, and court decisions that tell us how government agencies can and do operate Display slide. Explain that statutes enacted by legislatures, rules promulgated by administrative agencies, policies established by the jurisdiction’s Chief Executive Officer (Example: Governor), and decisions rendered by courts combine to make up the body of administrative law. All of these things serve to control the administrative operations of government.

Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Sources & Functions of Administrative Law Procedural vs. Substantive Authority Differences from Civil and Criminal Law Display slide. Explain Two types of authority Substantive: Laws that create rights (Example: Amendments) Procedural: The process that must be followed to affect a right Initially what is termed as Administrative Law could be broadly defined as procedural and not substantive. Over the past 60 years, administrative agencies have been given increased substantive authority by legislatures and the courts have continually upheld this increased authority. Administrative law is not classified as Civil Law and it is different from Criminal Law, because it has its own very special rules. These rules usually include some variations of the rules of evidence and discovery. While different from criminal law, some jurisdictions classify it as quasi-criminal.

Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Sources & Functions of Administrative Law Functions Sets forth the powers that may be exercised by administrative agencies Lays down the principles governing the exercise of those powers Provides legal remedies to those aggrieved by administrative action Display slide. Explain the three main functions of administrative law. Set forth powers (what an agency can do) Lay down principles (when an agency can use those powers) Provide legal remedies (judicial review of final agency decisions) In these cases, the aggrieved party is the licensee.

Purpose of Administrative Agencies
Display slide. Explain that the second section explains the purpose of administrative agencies.

Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Purpose of Administrative Agencies Set and maintain standards Carry out functions of government on a day-to-day basis Control entry into a profession Inspect and regulate facilities Dispense grants, subsidies or other incentives Display slide. Explain there are many purposes of administrative agencies and they include: To set, and maintain standards To promote the maintenance of standards with the ultimate objective of protecting the public Determine violations of standards Adjudicate violations, and impose penalties. Establishment of regulations or legislation concerning: Licensing requirements Standards of practice Standards of conduct To carry out functions of government on a day-to-day basis To control entry into a profession by requiring a license to undertake specified activities, by requiring: Registration Certification Licensing To inspect and regulate facilities Talk about the right to enter premises on private property due to license requirements To dispense grants, subsidies or other incentives

Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Purpose of Administrative Agencies Other reasons for Administrative Agencies Population increase Expansion of government responsibility Need for flexibility Development of expertise in dealing with particular issues Legislative inability Judicial inability Display slide. Review the other reasons for administrative agencies provided on this list. These reasons refer to the more practical purposes of administrative agencies as opposed to the statutory purposes. Ask if there are any questions, or if anyone has anything to add regarding these additional reasons.

The Regulatory Process
Display slide. Explain that the third section provides information pertaining to the regulatory process.

The Regulatory Process - Definitions
Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases The Regulatory Process - Definitions Law (Statute): A written provision passed by a legislative body. Display slide. Explain A law or statute is a written provision passed by a legislative body. A law may: Forbid a certain act Direct a certain act Make a declaration Set forth governmental mechanisms to aid society In the criminal or civil arena, laws may set forth general propositions that courts apply to specific situations. Laws establish an agency's statutory authority to regulate.

Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases The Regulatory Process - Definitions Regulation (Rule): A provision of general application promulgated or adopted by the agency applicable basic laws. A regulation has the force of law, affecting the rights or conduct of individuals and businesses. Display slide. Explain A regulation or rule is a provision of general application promulgated or adopted by the agency, pursuant to applicable basic laws. A regulation has the force of law, affecting the rights or conduct of individuals and businesses. Among other things, a regulation: Establishes a requirement Sets a standard Establishes a fee or rate Provides a procedure for interactions with the regulatory authority

Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases The Regulatory Process - Definitions Guidance Document Policy Memoranda or Documents Display slide. Explain A guidance document is a document developed by an agency or agency staff to provide information or guidance of general applicability to the staff or public to interpret or implement statutes or the agency's regulations. Policy memoranda, or documents refer to documents that pertain only to the internal management of the agency or agencies. Note: Assume that people want to comply with the regulation being drafted. Drafting a policy or regulation assuming that people will try to break it, may help you create an airtight document, but you will have little to no flexibility when needed.

Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Statutory Authority An administrative agency is a creature of statute and is only entitled to act within the jurisdiction created by legislation and in a manner the statute that created it prescribed Display slide. Explain The concept of statutory authority and the effect it has on administrative agencies. An administrative agency is a creature of statute and is only entitled to act within the jurisdiction created by legislation and in a manner the statute that created it prescribed. It is restricted and controlled by the delegation provided by the legislature in the enabling statute.

Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Statutory Authority Powers of Administrative Agencies Legislative Power Executive Power Judicial Power Display slide. Explain Many agencies operate under statutes that give them: Legislative Power – issue rules/regulations which control private behavior, and which carry heavy formal or criminal penalties for violations (rule-making). Executive Power – to investigate potential violations of rules or statutes, and to prosecute offenders (enforcement). Judicial Power – to adjudicate particular disputes over whether an individual or a company has failed to comply with the governing standards (adjudication)

Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases The Regulatory Process Sample Legislative Regulation: The board shall promulgate regulations necessary to assure continued competency, to prevent deceptive or misleading practices by practitioners and to effectively administer the regulatory system administered by the regulatory board. Display slide. Review the sample regulation provided.

Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases The Regulatory Process Sample Judicial Regulation: The board may, in considering the totality of the circumstances, fine any licensee, certificate holder, or permit holder, and to suspend or revoke or refuse to renew or reinstate any license. Display slide. Review the sample regulation provided. Instructor Note: Some additional sample regulations are as follows, and can be used as appropriate during your class. The board shall examine, or cause to be examined, the qualifications of each applicant for certification or licensure, including when necessary the preparation, administration and grading of examinations. The board shall certify or license qualified applicants as practitioners of the particular profession or occupation regulated by such board. The board may inspect barbershops, barber schools, and cosmetology salons and schools, for compliance with regulations promulgated by the Board.

Administrative Agencies, Boards, & Colleges
Display slide. Explain that the fourth section provides information pertaining to administrative agencies, boards, and colleges.

Administrative Agencies, Boards, and Colleges
Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Regulatory Entities Terminology: Department Board Council College Division Subject matter within regulatory authority will differ from jurisdiction to jurisdiction Display slide. Explain that different jurisdictions designate administrative agencies or regulatory entities by several names including: Department Board Council College Division Commission Authority Bench Bar Regardless of the designation, the administrative agency or regulatory entity is granted authority including specific powers and duties to regulate a given subject matter area, such as a profession, occupation, practice, or other regulated activity. Ask For which type of agency do you work? Explain the subject matter within the statutory authority of a given administrative agency or regulatory entity is driven by several factors including: Costs Geographical considerations The number of individuals engaged in the regulated activity The degree of regulation that is sought

Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Board Composition Varies greatly from jurisdiction to jurisdiction Often includes both professionals and public or “consumer” members Display slide. Explain The composition of a regulatory board may vary greatly from one jurisdiction to the next. In terms of the composition of a given board, most jurisdictions include: Individuals who are members of the profession, occupation or trade or practitioners of the activity that is being regulated. Many jurisdictions also require that a set portion of the membership be citizen members, that is, individuals who are not members of the profession, occupation or trade that is being regulated. In most instances individuals are appointed by the chief executive of the government, which would be the Governor in the case of state governments. In addition, in some instances the appointments must be confirmed by the legislature.

Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Types of Agencies Autonomous Boards Centralized Agencies Semi-Autonomous Agencies/Boards Display slide. Explain Autonomous Boards Focused on a single regulated activity or a group of related activities, and Board has, in many cases, direct authority over staff Example: Board for Auctioneers as a free standing entity with authority to hire and fire executive director and licensing and investigation staff Centralized Agency Several boards covering a wide variety of regulated activities housed in a single "umbrella" agency, and Agency staff not under direct control of the individual boards Example: Department of Professional and Occupational Regulation, which houses 21 boards. The Executive Director appointed by the Governor and he or she has direct control over the agency's staff, not the individual boards. Semi-Autonomous Falls somewhere in between an autonomous board on one end of the continuum and a centralized agency on the other.

Limits on Administrative Agencies
Display slide. Explain that the fifth section provides information pertaining to the limits on administrative agencies.

Four Limits on Administrative Agencies
Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Four Limits on Administrative Agencies Legislative Executive APA General Controls Display slide. Explain There are four main limits on administrative agencies and they are: Legislative Executive Administrative Procedures Act General Controls

Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Legislative Legislative Executive APA General Controls Initial grant of authority Report and Wait procedure Revoke or narrow authority granted through legislation Sunset law Interim oversight Authorization for appropriations Annual/biennial report Display slide. Explain the limits on administrative agencies from the legislative branch. Initial grant of authority. "Report and Wait Procedure." The effective date of an agency's proposed rules is delayed for a period of time. Revoke or narrow the authority it granted through legislation. Sunset law. A given agency will go out of existence after a fixed period of time. May also consist of a mandatory periodic review of a regulatory program to determine whether it is still needed. Interim oversight. This may operate without specific legislation. May consist of periodic legislatively mandated review of some or all agency regulations. Authorization for appropriations. This is the case even if the agency is funded by its license fees. Annual/Biennial Report-- requiring agencies to report back periodically on their activities.

Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Executive Legislative Executive APA General Controls Derived from the executive office of government Executive orders or formal directive Power to appoint people to positions within the agency Modification of organizational structure Oversight of rule-making proceedings Power to control litigation affecting agencies Display slide. Explain the limits on administrative agencies from the executive branch. Executive power is derived from the executive office of government. It includes the Governor's Office, the Office of the President and or the parent agency or department. Power to appoint officers, board members, commissions, agency heads, staff of agencies. Removal powers for the same staff. Executive orders or formal directive. Modification of an organizational structure. Oversight of rule-making proceedings through a regulatory analysis program. Power to control litigation affecting the agencies. (Most agencies lack the statutory authority to litigate on their own)

Administrative Procedures Act
Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Administrative Procedures Act Legislative Executive APA General Controls Public Access Agency laws, regulations and policies Agency meetings Agency records Agency Rulemaking Procedure Agency Adjudication Procedure Notice Hearing Judicial Review Display slide. Explain some jurisdictions have enacted statutes that place restrictions on the activities of administrative agencies as well as codifying some procedures. These statutes have titles such as Administrative Procedure Act, Administrative Process Act or Statutory Powers Act (Ontario). Most APAs are comprehensive, establishing minimum requirements concerning four main areas. Public access Agency laws, regulations and policies Agency meetings (notice of fact and substance) Agency records Agency rule making procedure Agency adjudication procedure. Requirement for the agency to provide due process prior to reaching a final decision and instituting sanctions Notice: A fundamental aspect of due process requires that an accused be given adequate notice of the charges in order that he or she might prepare a defense. Notice must include an adequate description of the charges and authority involved in the case as well as the rights of the accused Hearing: There must be some form of a hearing or opportunity for a hearing, which may be waived Judicial review of agency actions

General Controls on Administrative Agencies
Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases General Controls on Administrative Agencies Legislative Executive APA General Controls Open meeting laws Freedom of Information Act (FOIA) Ombudsman Prosecutorial Discretion Agency Discretion Display slide. Explain that there are other controls on administrative agencies that fall under the heading of other, general controls. These controls include: Open meeting laws Freedom of Information Act (FOIA) Public access to agency records Most states have statutes that include provision directing each agency to release identifiable records in its possession to "any person" who requests them unless material in question falls within an exemption Ombudsman Prosecutorial Discretion Investigator may think they have provided a perfect case; however, the prosecutor still retains the right to prosecute or not based on their judgment. Agency Discretion Whether to investigate Terms of settlement

Adjudication of Administrative Cases
Display slide. Explain that the sixth section provides information pertaining to the adjudication of administrative cases.

Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Consent Orders Consent Orders/Negotiated Settlements Admission of violation Wavier of right to hearing Agreed imposition of sanction/penalty Display slide. Explain Every final action that produces an "order" is technically an adjudication. The term "order" is defined very broadly, to include any final disposition excluding rule making. Consent Orders and Negotiated Settlements Admission of violation Note: May also include admission of violation without admitting fault Waiver of right to hearing Agreed imposition of monetary penalty and or sanction including suspension or revocation of license, certificate or registration

Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Summary Suspensions Summary Suspension Allowed by statute or regulation Showing a degree of harm to the public Requires due process Display slide. Explain Summary suspension Must be allowed by statute or regulation. Showing a degree of harm to the public Requires due process after suspension is taken or court approval for summary action May involve: Quality of care grounds Physical or psychological impairment Certain criminal convictions Fraud Other substantial economic or health and safety threat to public

Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Informal Hearings Alternative Dispute Resolution/Mediation Mediation Arbitration Display slide. Explain an informal hearing is usually less formal than consent orders and summary suspensions. An informal hearing allows for agencies to formulate settlements that address a wide range of conduct while exceeding statutory authority regarding what it can impose. The various methods and types of informal hearings are: Alternative dispute resolution proceeding – any structured process in which a neutral party assists all involved parties in reaching a voluntary settlement by means of dispute resolution processes such as: Mediation Conciliation Facilitation Partnering Fact-finding Neutral evaluation Use of ombudsmen Or any other proceeding leading to a voluntary settlement. Mediation – a process in which a neutral party facilitates communication between the parties and without deciding the issues or imposing a solution on the parties enabling them to understand and resolve their dispute. Arbitration – a proceeding in which a dispute is resolved by an impartial adjudicator whose decision is final and binding. A hearing and determination of a disputed matter by an impartial referee agreed to by both parties.

Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Formal Hearings The nature of the proceedings Generally considered civil, but with specific rules Not criminal Rules of evidence do not apply, but are usually followed Hearsay evidence is allowed but given limited weight Display slide. Explain: Nature of Proceedings Generally considered civil, but has its own set of rules. Look to the administrative process to determine the set of rules Not criminal, so criminal procedure and most criminal defenses do not apply. Rules of Evidence do not apply, but are usually followed. Hearsay evidence generally is allowed, but it is not given great weight. Allowed but generally considered weak evidence

Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Formal Hearings Basic requirements of the proceeding: Notice Discovery Present/Contest Evidence Written Decision Appeal Rights Display slide. Explain: Basic Requirements of the Proceeding Notice: Time and Place of the hearing Legal Authority the agency is relying on Facts asserted and alleged regulations or laws violated. Discovery Usually limited to turning over investigative file and providing a list of witnesses Not as extensive as in the civil or criminal arena No right to discovery in administrative proceedings Intended to expedite the proceeding Opportunity to present and contest evidence Written Decision Final order and contains appeal rights and requirements Appeal rights Note: If something comes up that you want to include in the record, after notice has already been sent and received, you can submit an amended notice. The other option is to hope that notice is waived by the aggrieved party at hearing. However, this is unlikely to happen unless the additional information is in favor of the licensee.

Issues Related to Adjudication
Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Issues Related to Adjudication Interagency Agreements Referral of cases for criminal action or unlicensed activity Display slide. Explain interagency agreements require cooperation and coordinated action. Interagency agreements are useful when an activity is regulated by more than one regulator entity. They can be used to conserve resources or increase efficiency by allowing one agency to take the lead or providing of joint activities. Referral of criminal actions. In the typical professional or occupational licensing situation the licensee has placed himself or herself under the authority of the board. This is not so in instances of unlicensed activity. In many jurisdictions unlicensed activity is not a regulatory violation but a criminal violation. Note: Unlicensed activity is not under the prevue of the agency because you don’t license the offender in the first place. When an activity is performed by an unlicensed individual, and that activity requires a license, the offender is now open to criminal proceedings. In these scenarios, an investigator with the licensing agency may be called upon as a witness due to expert knowledge in the related field, and/or to provide proof that the person is unlicensed.

Principles of Administrative Law Sources and Functions of Administrative Law Purpose of Administrative Agencies The Regulatory Process Administrative Agencies, Boards, and Colleges Limits on Administrative Agencies Adjudication of Administrative Cases Final Agency Decision Final Order Appeal Judicial Review- court must assure the agency has: Acted Constitutionally Acted within the scope of its authority Used correct constitutional or statutory procedures Reached a decision supported by facts Instituted a justified penalty Display slide. Explain: Final Order Appeal Judicial Review Regularly operates to provide relief for the individual person who is harmed by a particular agency action Using three standards, one of which is “Arbitrary, Capricious or Abuse of Discretion,” courts must always assure that the agency has: Acted constitutionally (provided required due process) Acted within the scope of its authority (statutory authority) Used the correct constitutional or statutory procedures (followed the APA procedures of the agency’s own rules of practice for disciplinary proceedings.) Reached a decision that is supported by the facts Instituted a justified penalty

Session Review Display slide.
Say “We have completely reviewed all topics within the Principles of Administrative Law session of the NCIT course. We will now review the key concepts of this session.”

Knowledge Check Consent orders include all of the following components except: Admission of violation Statement of assurance Waiver of right to hearing Agreed imposition of sanction Display slide. Say “Let’s go over some key points from this session.” Answer Key: Question One: Consent orders include all of the following components except: Answer: B. Statement of assurance Instructor Note: There are two animations on this slide. The first displays all of the answers at once. This allows you to display the answers after displaying the question. The second animation will display which of the choices is the correct answer by changing the color, and bolding the text of that answer.

Knowledge Check The purpose of an administrative agency is to:
Determine criminal sanctions for violation of standards Accredit hospitals and clinics Promote professional interests Set the standards for the profession Display slide. Answer Key: Question Two: The purpose of an administrative agency is to: Answer: D. Set the standards for the profession Instructor Note: There are two animations on this slide. The first displays all of the answers at once. This allows you to display the answers after displaying the question. The second animation will display which of the choices is the correct answer by changing the color, and bolding the text of that answer.

Knowledge Check Administrative agencies are subject to controls from which of the following? The three branches of government Professional and trade associations Public interest groups Display slide. Answer Key: Question Three: Administrative agencies are subject to controls from which of the following? Answer: A. The three branches of government Instructor Note: There are two animations on this slide. The first displays all of the answers at once. This allows you to display the answers after displaying the question. The second animation will display which of the choices is the correct answer by changing the color, and bolding the text of that answer.

Learning Objectives Review
You should now be able to: Understand that the general classification of administrative law is civil, not criminal Understand the foundations for administrative law procedure Identify the role of a board in the regulatory process and the powers that are exercised by boards Display slide. Review the learning objectives. Ask if there are any questions regarding the objectives displayed.

You should now be able to: Define the differences between: A Law and a Statute A Regulation and a Rule A Guidance Document and a Policy List the three types of administrative agencies Identify the area most often challenged in administrative hearings Display slide. Review the learning objectives. Ask if there are any questions regarding the objectives displayed.

You should now be able to: Define the four general methods used by administrative agencies to adjudicate regulatory cases List the criteria courts use to ensure an administrative action was legal when a challenge or appeal is made Display slide. Review the learning objectives. Ask if there are any questions regarding the objectives displayed.

? Questions Display slide.
Ask if there are any final questions before completing the session.

Session Evaluation

In general, this instructor:
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Principles of Administrative Law and the Regulatory Process

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