Business Law and the Regulation of Business Chapter 5: Administrative Law

1. Business Law and the Regulation of BusinessChapter 5: Administrative Law By Richard A. Mann & Barry S. Roberts

2. Topics Covered in this Chapter A. Operation of Administrative Agencies B. Limits on Administrative Agencies

3. Operation of Administrative Agencies • Rulemaking– process by which administrative agencies promulgate rules of law. • Legislative Rules– substantive rules issued by an administrative agency under the authority delegated to it by the legislature. • Interpretative Rules– statements issued by an administrative agency indicating how it construes its governing statute. • Procedural Rules– rules issued by an administrative agency establishing its organization, method of operation, and rules of conduct.

4. Operation of Administrative Agencies • Enforcement– process by which agencies determine whether their rules have been violated. • Adjudication– formal methods by which an agency resolves disputes.

5. Limits on Administrative Agencies • Judicial Review– acts as a control or check by a court on a particular rule or order of an administrative agency. • LegislativeControl– includes control over the agency's budget and enabling statute. • Controlby ExecutiveBranch– includes the President's power to appoint members of the agency. • DisclosureofInformation– congressionally required public disclosure enhances oversight of agency activities.

6. Limits on Administrative Agencies Executive Control  Power of appointment Budgetary control Impoundment of monies appropriated Restructuring of executive agencies Legislative Control  Power over budget Amendment of enabling statute Elimination of agency Enactment of guidelines ADMINISTRATIVEAGENCIES Judicial Review  Excess of authority Proper interpretation of applicable law Violation of constitution Violation of required legal procedure