Contemporary Business Law

ByRichard A. Mann&Barry S. RobertsBusiness Law and the Regulation of Business, 11th ed. Chapter 5: Administrative Law 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.1Topics Covered in this ChapterA.Operation of Administrative AgenciesB.Limits on Administrative Agencies 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.2Operation of Administrative Agencies Rulemaking process by which administrative agencies promulgate rules of lawLegislative Rules substantive rules issued by an administrative agency under the authority delegated to it by the legislatureInterpretative Rules statements issued by an administrative agency indicating how it construes its governing statuteProcedural Rules rules issued by an administrative agency establishing its organization, method of operation, and rules of conduct 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.3Operation of Administrative Agencies Enforcement process by which agencies determine whether their rules have been violatedAdjudication formal methods by which an agency resolves disputes

2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.4Limits on Administrative Agencies Judicial Review acts as a control or check by a court on a particular rule or order of an administrative agencyLegislative Control includes control over the agency's budget and enabling statuteControl by Executive Branch includes the President's power to appoint members of the agencyDisclosure of Information congressionally required public disclosure enhances oversight of agency activities 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.5Limits on Administrative AgenciesExecutive ControlPower of appointmentBudgetary controlImpoundment of monies appropriatedRestructuring of executive agenciesJudicial ReviewExcess of authorityProper interpretation of applicable lawViolation of constitutionViolation of required legal procedureADMINISTRATIVEAGENCIESLegislative ControlPower over budgetAmendment of enabling statuteElimination of agencyEnactment of guidelines 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.6