ADMINISTRATIVE LAW AND GOVERNMENT REGULATION

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ADMINISTRATIVE LAW AND GOVERNMENT REGULATION
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Administrative Agencies

• Create/Enforce Majority Of Business Laws
• Agencies Provide
• Specificity
• Expertise
• Protection
• Regulation
• Services

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Administrative Agencies

• No provision for them in the Constitution
• Can perform the functions of the three branches
  of government.

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Agency Functions

• Rulemaking/Guidelines Quasi-Legislative Power
• Adjudicating Quasi-Judicial, Fact-Finding
  Applying Law
• Cease Desist
• Consent
• Advising
• Investigating

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Administrative Agencies- Examples

• Federal Trade Commission
• National Labor Relations Board
• Equal Employment Opportunity Commission
• Securities Exchange Commission
• Environmental Protection Agency
• Federal Aviation Administration

• Consumer Product Safety Commission
• Federal Communications Commission
• Federal Energy Regulatory Commission
• Federal Reserve Board
• Food Drug Administration
• Nuclear Regulatory Commission
• Occupational Safety Health Administration

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HOW DO THE THREE BRANCHES OF GOVERNEMNT CONTROL
WHAT AGENCIES DO?

• Legislature?
• Executive?
• Judicial?

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Quasi-Judicial Procedures
Answer
Respondent
Agency
Complaint
Evidence
Evidence
Admin. Law Judge Evidence- Admissibility Motions I
nitial Decision
Appeal
30 Days
Final Order
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Judicial Review Of Adjudications

• Agency Authority Limited
• Delegated From Legislature
• Develop Rules Of Procedure
• Courts Lack Authority To Substitute For Agency
• Doctrines
• Exhaustion Of Remedies
• Primary Jurisdiction

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Review Of Factual Determinations

• Court
• Presumes Findings Of Fact Correct
• Analyzes Agency Proceedings
• Court Does Not
• Reweigh Evidence
• Make Independent Determination
• Substitute Its View For Agencys

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Federal Laws that Limit Actions of Federal
Agencies

• Due Process Clause
• Administrative Procedures Act
• Federal Register
• Freedom of Information Act
• Privacy Act

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APPEALING A SOCIAL SECURITY DENIAL
?
?
?
?
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Hearing Procedure

• Who makes the decision?
• What are the parties called?
• What is the burden of proof?
• Can the parties bring representation?
• Is the decision appealable? If so, to whom?

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Freedom of information Act (FOIA)

• The FOI Act applies to every agency,
  department, regulatory commission,
  government controlled corporation, and other
  establishment in the executive branch of the
  federal government.
• This includes Cabinet offices, such as the
  departments of Defense, State, Treasury,
  Interior, Justice (including the Federal Bureau
  of Investigation, the Immigration and
  Naturalization Service and the Bureau of
  Prisons) independent regulatory agencies and
  commissions, such as the Federal Trade
  Commission, Federal Communications Commission and
  the Consumer Product Safety Commission
  government controlled corporations, such as the
  Postal Service and Amtrak and presidential
  commissions.
• The FOI Act also applies to the Executive Office
  of the President and the Office of Management and
  Budget, but not to the President or his immediate
  staff.

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Freedom of information Act (FOIA)

• The Act does not apply to Congress, the federal
  courts, private corporations or federally funded
  state agencies.
• Documents generated by these groups and filed
  with executive branch agencies of the federal
  government become subject to disclosure under the
  Act, just as if they were documents created by
  the agencies.
• Congressional agencies such as the Library of
  Congress and the General Accounting Office follow
  their own records disclosure rules and procedures
  patterned after the FOI Act.

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Freedom of information Act (FOIA)

• The FOI Act is very broad.
• It covers all records in the possession or
  control of a federal agency.
• The term records is defined expansively to
  include all types of documentary information,
  such as papers, reports, letters, films, computer
  tapes, photographs and sound recordings.
• Physical objects which cannot be reproduced.

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FOIA Exemptions

• National Security
• Internal Agency Rules
• Statutory Exemption
• Trade Secrets
• Internal Agency Memoranda
• Personal Privacy
• Law Enforcement Records
• Bank Reports
• Oil and Gas Well Data

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STATE LAWS

• All states and the District of Columbia have
  their own open records laws.
• The laws can vary, but for the most part they
  follow the format of FOIA.
• In Georgia, citizens may only obtain relief for
  violations by filing a court action. (So there is
  limited enforcement.)
• Open Records Guide http//www.rcfp.org/ogg/

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Agency Rule-Making

• Example of tax laws
• Agency is the Internal Revenue Service
• The statutes, The Internal Revenue Code, is
  passed by Congress.
• The agency issues regulations. (Treasury
  Regulations.)
• Have the force effect of law
• Written by the agency, approved by the Treasury
  Dept, and are covered by the APA and published in
  the Federal Register.

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Judicial Review of Agency Rule-Making

• If there is a conflict between a regulation a
  statute, the statute prevails
• A regulation with be struck down
• If it is unconstitutional
• The agency is exceeding its authority
• It conflicts with a statute

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Administrative Law Resources

• http//www.loc.gov/law/help/administrative.html
• http//topics.law.cornell.edu/wex/administrative_l
  aw
• http//www.megalaw.com/top/administrative.php