Business law and the regulation of business chapter 5 administrative law
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Business Law and the Regulation of Business Chapter 5: Administrative Law. By Richard A. Mann & Barry S. Roberts. Topics Covered in this Chapter. A.Operation of Administrative Agencies B.Limits on Administrative Agencies. Operation of Administrative Agencies.

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Business Law and the Regulation of Business Chapter 5: Administrative Law

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Business law and the regulation of business chapter 5 administrative law

Business Law and the Regulation of BusinessChapter 5: Administrative Law

By

Richard A. Mann

&

Barry S. Roberts


Topics covered in this chapter

Topics Covered in this Chapter

A.Operation of Administrative Agencies

B.Limits on Administrative Agencies


Operation of administrative agencies

Operation of Administrative Agencies

  • Rulemaking– process by which administrative agencies promulgate rules of law.

    • Legislative Rules– substantive rules issued by an administrative agency under the authority delegated to it by the legislature.

    • Interpretative Rules– statements issued by an administrative agency indicating how it construes its governing statute.

    • Procedural Rules– rules issued by an administrative agency establishing its organization, method of operation, and rules of conduct.


Operation of administrative agencies1

Operation of Administrative Agencies

  • Enforcement– process by which agencies determine whether their rules have been violated.

  • Adjudication– formal methods by which an agency resolves disputes.


Limits on administrative agencies

Limits on Administrative Agencies

  • Judicial Review– acts as a control or check by a court on a particular rule or order of an administrative agency.

  • LegislativeControl– includes control over the agency's budget and enabling statute.

  • Controlby ExecutiveBranch– includes the President's power to appoint members of the agency.

  • DisclosureofInformation– congressionally required public disclosure enhances oversight of agency activities.


Limits on administrative agencies1

Limits on Administrative Agencies

Executive Control

Power of appointmentBudgetary controlImpoundment of monies appropriatedRestructuring of executive agencies

Legislative Control

Power over budgetAmendment of enabling statuteElimination of agencyEnactment of guidelines

ADMINISTRATIVEAGENCIES

Judicial Review

Excess of authorityProper interpretation of applicable lawViolation of constitutionViolation of required legal procedure


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