Ch 6 Administrative Law. 2 Agency Law Administrative agencies –State and Federal Business must...
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Transcript of Ch 6 Administrative Law. 2 Agency Law Administrative agencies –State and Federal Business must...
Ch 6 Administrative Law
Ch 6 Administrative Law
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Agency LawAgency Law
• Administrative agencies– State and Federal
• Business must comply with rules made by Administrative Agencies
• IE TN Dept of Labor
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Article I of the U.S. Constitution authorizes delegating such powers to administrative agencies.
LegislationLegislation
• Administrative agencies make rules that are as legally binding as laws that Congress passed.
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PurposePurpose
• Agencies 3 functions:
• 1. Rulemaking
• 2. Enforcement
• 3. Adjudication (trials)
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ExampleExample
Law: Federal Trade Commission Act of 1914.
Agency: Federal Trade Commission
Purpose: prohibits unfair competition and deceptive trade practices.
Powers Act grants the FTC:• Create rules and regulations.• Conduct investigations.• Obtain reports and investigate antitrust violations.
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ExampleExample
Law: Tennessee Workers Compensation Act
Agency: Tennessee Dept of Labor
Now all work comp cases are tried by ALJ from the TN Dept of Labor – no longer go to court.
Powers
Create rules and regulations.
Conduct investigations.
Adjudicate cases
Other ExamplesOther Examples
• Examples of Administrative Agencies making decisions:
• 1. Losing license –
• 2. Property taxes – zoning changes
• 3. professional licenses
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All federal agencies must follow specific procedural requirements in rulemaking, adjudication, and other functions.
The Administrative Procedure ActThe Administrative Procedure Act
Court Review Agency DecisionCourt Review Agency Decision
• Court rarely set aside Agency ruling.
• Like the standard for setting aside an arbitrator’s decision.
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Administrative Procedures ActAdministrative Procedures Act
• STANDARD = Courts may set aside agency actions only if arbitrary and capricious and abuse of discretion
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• FCC fined Fox TV for several things including Cher and Nicole Richie saying the “f” word during acceptance speech
• Fox argued the words were a “one time isolated and fleeting” incident.
• FCC said still violation – otherwise TV would air cuss words one at a time
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FCC v. Fox Television Studios, Inc.FCC v. Fox Television Studios, Inc.
• Was FCC decision to fine arbitrary or capricious or an abuse of discretion
• SCt. –Sent back to see if arbitrary or capricious.
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Rulemaking ProceduresRulemaking Procedures
• 1. When agency makes a new rule, the agency must publish a notice of the propose rule in the Federal Register.
• Notice must have:– A. where and when proceeding will be held– B. the public can comment– C. rules approved and published
• Example – Hemp Inc. made food with hemp in it. 2001 Without notice or formal rule making, DEA made rule that said any product with any hemp is a Schedule 1 drug.
• Ct said no – DEA did not go through hoops of rule making – notice, proceeding
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• “Exhaustion” Doctrine:
• Some laws – especially employment laws, required you to go through the correct agency BEFORE can file a lawsuit.
• EX
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Public AccountabilityPublic Accountability
–Freedom of Information Act.
–Sunshine Act.
• FAYETTEVILLE, Ark. -- Former Arkansas coach Bobby Petrino and Jessica Dorrell exchanged more than 4,300 text messages and nearly 300 phone calls over the past seven months -- on game days, before dawn and even as the police report that hastened his downfall was being released to the public, according to a review of his business cellphone records by The Associated Press.
• • How did ESPN get phone records?
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Freedom of Information ActFreedom of Information Act
• FOIA Request
Also: make their records available electronically.
• As an employer – what kind of documents might you want under FOIA?
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Sunshine LawSunshine Law
• “every portion of every meeting of an agency” be open to “public observation.”
• Adequate notice of meetings must be given to the public.
• Closed meetings are authorized rarely
Mosque Case – Sunshine LawMosque Case – Sunshine Law
• County officials opted to advertise the meeting in the Murfreesboro Post, a free weekly newspaper that plaintiffs contend does not meet qualifications for a “newspaper of general circulation” and hence no NOTICE
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