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Ch 6 Administrative Law

Ch 6 Administrative Law. Practical Significance of Agency Law. Administrative agencies State and Federal Business must comply with rules made by Administrative Agencies IE TN Dept of Labor. Two Types of Agency. A. Executive –assist the president Dept Treasury – IRS Transportation – FAA

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Ch 6 Administrative Law

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  1. Ch 6 Administrative Law

  2. Practical Significance of Agency Law • Administrative agencies • State and Federal • Business must comply with rules made by Administrative Agencies • IE TN Dept of Labor

  3. Two Types of Agency • A. Executive –assist the president • Dept Treasury – IRS • Transportation – FAA • Dept Justice - FBI

  4. B. Independent regulatory agencies – • FTC • NLRB • EEOC - THRC • OSHA - TOSHA

  5. Legislation Article I of the U.S. Constitution authorizes delegating such powers to administrative agencies.

  6. Administrative agencies make rules that are as legally binding as laws that Congress passed.

  7. Purpose • Agencies 3 functions: • 1. Rulemaking • 2. Enforcement • 3. Adjudication (trials)

  8. Example Law: Federal Trade Commission Act of 1914. Agency: Federal Trade Commission Purpose: prohibits unfair competition and deceptive trade practices. Powers Act grants the FTC: • Create rules and regulations. • Conduct investigations. • Obtain reports and investigate antitrust violations.

  9. The Administrative Procedure Act All federal agencies must follow specific procedural requirements in rulemaking, adjudication, and other functions.

  10. Court Review Agency Decision • Court rarely set aside Agency ruling. • Sort of like the setting aside an arbitrator’s decision.

  11. Administrative Procedures Act • STANDARD = Courts may set aside agency actions only if arbitrary and capricious and abuse of discretion

  12. The Administrative Procedure Act Arbitrary and Capricious Test: • CASE 6.1 FCC v. Fox Television Studios, Inc. (2009). Are the FCC’s indecency rules too ‘vague’?

  13. FCC v. Fox Television Studios, Inc. • FCC fined Fox TV for several things including Cher and Nicole Richie saying the “f” word during acceptance speech.

  14. Fox argued the words were a “one time isolated and fleeting” incident. • FCC said still violation – otherwise TV would air cuss words one at a time

  15. FCC v. Fox Television Studios, Inc. • Was FCC decision to fine arbitrary or capricious or an abuse of discretion • SCt. –Sent back to see if arbitrary or capricious.

  16. Vs. • “This is our (expletive) city! And nobody is going to dictate our freedom. Stay strong," the Red Sox DH said in his team's first home game since the Boston Marathon bombings. • “David Ortiz spoke from the heart at today's Red Sox game. I stand with Big Papi and the people of Boston” –- FCC

  17. Rulemaking Procedures • 1. When agency makes a new rule, the agency must publish a notice of the propose rule in the Federal Register. • Notice must have: • A. where and when proceeding will be held • B. the public can comment • C. rules approved and published

  18. Example – Hemp Inc. made food with hemp in it. 2001 Without notice or formal rule making, DEA made rule that said any product with any hemp is a Schedule 1 drug. • Ct said no – DEA did not go through hoops of rule making – notice, proceeding

  19. Investigation Agency has powers to: • Conduct Inspection. • Issue Subpoenas. • Conduct Site Inspections (including warrantless inspections).

  20. Administrative Trials • Agencies can: • Negotiate settlements. • Formal Complaints. • Hearing before Administrative Law Judge. • EX: EEOC, NLRB

  21. “Exhaustion” Doctrine: • Some laws – especially employment laws, required you to go through the correct agency BEFORE can file a lawsuit. • EX

  22. Public Accountability • Freedom of Information Act. • Government in the Sunshine Act.

  23. FAYETTEVILLE, Ark. -- Former Arkansas coach Bobby Petrino and Jessica Dorrell exchanged more than 4,300 text messages and nearly 300 phone calls over the past seven months -- on game days, before dawn and even as the police report that hastened his downfall was being released to the public, according to a review of his business cellphone records by The Associated Press. • How did ESPN get phone records?

  24. Freedom of Information Act • FOIA Request Also: make their records available electronically.

  25. As an employer – what kind of documents might you want under FOIA?

  26. Sunshine Law • “every portion of every meeting of an agency” be open to “public observation.” • Adequate notice of meetings must be given to the public. • Closed meetings are authorized rarely

  27. Mosque Case – Sunshine Law • County officials opted to advertise the meeting in the Murfreesboro Post, a free weekly newspaper that plaintiffs contend does not meet qualifications for a “newspaper of general circulation” and hence no NOTICE

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