1. Chapter 23 Government Regulation and Administrative Law
PowerPoint Slides to accompany The Legal Environment of Business and Online Commerce 5E, by Henry R. Cheeseman
Chapter 23
Government Regulation and
Administrative Law
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2. Administrative Agencies
Administrative agencies are created by federal, state, and local governments.
When Congress enacts a statute, it often designates an administrative agency or creates a new one to administer and enforce the statute.
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3. Federal Administrative Agencies
Federal administrative agencies are part of the executive or legislative branch of the federal government.
Some are created by the President to help operate the government; for example, the Justice Department and the Department of Labor.
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4. General Government Regulation
Many agencies regulate businesses and industries collectively.
Examples include the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA).
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5. Specific Government Regulation
Some agencies regulate specific industries.
Examples include the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA).
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6. Administrative Law
Administrative law is a combination of substantive and procedural law.
The Administrative Procedure Act (APA) establishes procedures for federal administrative agencies.
An Administrative Law Judge (ALJ) presides over the proceedings.
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7. Administrative Agency Powers
Delegation doctrine – an agency has only the legislative, judicial, and executive powers delegated to it.
Rule making powers
Substantive rules
Interpretive rules
Statements of policy
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8. Administrative Agency Powers
Licensing power
Judicial power
Many agencies have authority to adjudicate cases.
Agencies must comply with Due Process Clause.
Proper and timely notice must be given to the respondent.
There must be an opportunity for the respondent to present evidence.
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9. Administrative Agency Powers
Executive power
Agencies usually have power to investigate and prosecute.
May issue administrative subpoenas
Administrative searches are subject to Fourth Amendment protection against unreasonable searches and seizures.
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10. Judicial Review of Administrative Agency Actions
Many federal agency decisions may be appealed to a federal court.
Standards for judicial review
Questions of law – court may substitute its judgment for that of the agency
Questions of fact – court usually defers to agency’s findings
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11. Disclosure of Administrative Agency Actions
Freedom of Information Act
Federal agencies must publish procedures, rules, regulations.
Government in the Sunshine Act
Most federal administrative agency meetings must be open to the public.
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12. Disclosure of Administrative Agency Actions
Equal Access to Justice Act
A private party who is subject to unjustified federal administrative agency action can sue to recover attorney’s fees and other costs.
Privacy Act
Federal administrative agencies can maintain only information about an individual that is relevant and necessary to accomplish a legitimate purpose.
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