Business Law Chapter 5,6,7,8

Front 1

Administrative Agencies

Back 1

Governmental entities- other than courts and legislatures-having authority to affect the rights of private parties through their operations. These agencies create more legal rules and adjudicate more controversies than all the nations legislators and courts combined.

Front 2

Executive Agencies

Back 2

Those housed within the Executive branch of the government.

Front 3

Three basic functions administrative agencies perform

Back 3

1- Rule-making
2- Enforcement
3- Adjudication of controversies

Front 4

Informal rule-making procedures of APA

Back 4

99% of rule-making, must follow these rules;
1- Prior notice of a proposed rule
2- An opportunity for interested parties to participate in rule making
3- Publication of concise general statement of the rule's basis and purpose at least thirty days before its effective date

Front 5

Formal rule-making

Back 5

More complex than informal,
The agency must consider the record of the trial-like agency hearing and include a statement of, "findings and conclusions, and the reasons or basis therefore, on all material issues of fact, law, or discretion presented on the record" when making rules.

Front 6

Enforcement

Back 6

Agencies investigate conduct;
Agencies traditionally have been accorded great discretion, subject to constitutional limitations, to compel the disclosure of information.

Front 7

Four rules of Enforcement

Back 7

1- Investigation is authorized by law and undertaken for legitimate purpose
2- Information sought is relevant
3- Demand for information is sufficiently specific and not burdensome
4- The information sought is not privileged

Front 8

Order

Back 8

A final disposition made by an agency

Front 9

Administrative law

Back 9

Branch of public law that is created by administrative agencies in the form of rules regulations and orders.