Chapter 7 Full Set of Notes
Chapter 7 Full Set of Notes Finance 26074
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This 4 page Class Notes was uploaded by Sarah Cross on Tuesday March 15, 2016. The Class Notes belongs to Finance 26074 at a university taught by Lois J. Yoder Beier (P) in Spring 2016. Since its upload, it has received 132 views.
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Date Created: 03/15/16
Chapter 7 Notes Functions of Agencies p.566 Quasi-legislative Function: Not part of the legislative Branch, but can pass legally binding rules & regulations. o Rules and Regulations: the employees who create these laws are experts in the field o Guidelines: suggestions from the agency that are NOT legally binding Quasi-Judicial Function: Can hold an administrative agency hearing, no jury, an employee of the administrative agency serves as the judge o Agency Procedural Law o Burden of Proof: Preponderance of the Evidence Standard o Procedural Aspects o Remedies: Fines, Penalties, Cease and Desist orders, corrective advertisement (FTC) o Appeals: These decisions can be appealed to the courts o Exhaustion of Remedies Doctrine- All levels of appeal within the agency must be exhausted before it is appealed out to the courts o Equal Access to Justice Act: If you are a small business/individual or non-profit, if you can prove the government was not justified in filing the case in the first place, they will pay all attorney and court fees. Advising Function: The agency’s officials advise congress, the executive branch, or the general public. Investigatory Function: can launch investigations, conduct audits, subpoena witnesses Co-Existence of Doctrine of Separation of Powers and Multi- branch Functions of Administrative Agencies p.574 (chart on p.572) Organizational Structures of Administrative Agencies p.571 Agency Board or Commission (5-7 members): Nominated by President, Confirmed by Senate, 5-7 members cannot be of the same political party. Agency Secretary- Attorney position, responsible for ensuring that every action of the agency is published daily in the federal registrar. Advisory Councils- selected because they are experts in their fields are not employees of the agency but are interested in the idea that the industry is properly regulated. General Counsel- chief legal advisor to the agency. Represents the agency in court, determines when to file lawsuits. Director of Operations- Supervises bureaus, conducts investigations, issues advisory opinions. Executive Director for Administration- Internal management of the Agency. Personnel (hiring/firing, promotions), Budgeting money from the government, accounting Administrative Law Judges- Finders of fact and appliers of law Immunity of Administrative Agency Employees: cannot be held personally liable for professional actions. P. 573 - Absolute Immunity- Administrative Law Judges (cannot be held personally liable for professional actions, even if it is unconstitutional) - Limited Immunity- All other employees (cannot be held personally liable for professional actions unless they are unconstitutional) Criticisms of Administrative Agencies o One criticism of agencies is that the frequent use of consent decree allows the plaintiff to claim no liability for past actions. Therefore allows true wrongdoers to get off scott free. o Another criticism is that the judge is an employee of an agency so are they truly unbiased. Miscellaneous Notes o Consumers and Competitors are the source for which the FTC polices advertisements. o The Exhaustion of Remedies Doctrine exists because of the same reason agencies were created. To lessen the burden of the court system. o If you seek an advisory opinion from an agency, you are legally bound to follow their advice. However, these are public record, and people who are researching these opinions are legally required to follow them. o Agencies follow Doctrine of Precedence. Administrative Agency Exec. Legis. Jud. Executive Judicial Legislative President can Power of Judicial remove a “Power of the Review Purse” board member of Abolish Agency commissioner Revise Enabling Sunshine Law- the agency that creates the rule/ regulation must first propose it and allow the general public to comment on it. Plaintiff= Agency Defendant = Individual/Company Agency can offer to settle (consent decree) similar to an out of court settlement in a civil case. Agencies are not required to do a cost/benefit analysis for rules or regulations. Rules and Regulations can be challenged in court (ex: if the rule/regulation is beyond the scope of the agencies practice)
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