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ADMINISTRATIVE REGULATION

ADMINISTRATIVE REGULATION. Approaches to Social Problems: “The Market” The Courts Legislation Administrative Agencies. Administrative Agencies: Advantages. Expertise Combination of Functions Executive Legislative Judicial Procedural Flexibility Speed / Cost . Agency Functions.

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ADMINISTRATIVE REGULATION

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  1. ADMINISTRATIVE REGULATION • Approaches to Social Problems: • “The Market” • The Courts • Legislation • Administrative Agencies

  2. Administrative Agencies:Advantages • Expertise • Combination of Functions • Executive • Legislative • Judicial • Procedural Flexibility • Speed / Cost

  3. Agency Functions • Legislative: • Make Rules (Regulations) • Executive: • Enforce and Administer Regulations • Judicial: • Adjudicate Complaints under Regulations

  4. Controls on Agency Action: Legislative Controls: • Enabling / Organic Act -- creates agency • Amend or Repeal Enabling / Organic Act • Approve Appointments to Agency • Budget • Oversight Hearings • Specific Legislation

  5. Specific Legislation as Control on Agency Action: • Administrative Procedures Act (APA) • Freedom of Information Act • Open Meetings Laws • Federal Privacy Act • Sunset Laws • Zero-Based Budgeting • Ombudsman

  6. Controls on Agency Action: Executive Controls: • Appoint Officials of Agency • Budget -- Approve Actual Spending • Veto Legislation affecting Agency • Office of Management & Budget (OMB) Review -- Cost & Benefit Analysis of Regulations

  7. Controls on Agency Action: Judicial Review • Is the Agency Acting Within Its Jurisdiction? • Has the Agency Followed Proper Procedures? • Does the Agency Have Evidentiary Support for Its Findings or Decisions?

  8. Controls on Agency Action: Other Controls • Public Opinion • “The Media / Press”

  9. Administrative Rulemaking • Types of Rulemaking: • Formal (Public Hearing) • Informal (Notice & Comment) • Hybrid (Mixture of Both) • Notice Requirements • Public Comments • Judicial Review of Rulemaking

  10. Administrative Adjudication • Enforcement Actions • Hearings • Penalties / Sanctions • Judicial Review of Decision • Exhaustion Rule • Standing & Ripeness • Substantial Evidence to Support Decision • Did Agency Abuse Discretion

  11. Judicial Review of Agency Action • Exhaustion Rule: Must be Final Agency Action • Exceptions: • Agency Acting Outside Jurisdiction • Agency Action Will Cause Irreparable Harm • Standing • Ripeness • Has Agency Abused Discretion

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