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
Slide 3
3 Article I of the U.S. Constitution authorizes delegating such
powers to administrative agencies. Legislation
Slide 4
Administrative agencies make rules that are as legally binding
as laws that Congress passed. 4
6 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.
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7 Example Law: Tennessee Workers Compensation Act Agency:
Tennessee Dept of Labor Now all work comp cases are tried by ALJ
from the TN Dept of Labor no longer go to court. Powers Create
rules and regulations. Conduct investigations. Adjudicate
cases
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Other Examples Examples of Administrative Agencies making
decisions: 1. Losing license 2. Property taxes zoning changes 3.
professional licenses 8
Slide 9
9 All federal agencies must follow specific procedural
requirements in rulemaking, adjudication, and other functions. The
Administrative Procedure Act
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Court Review Agency Decision Court rarely set aside Agency
ruling. Sort of like the setting aside an arbitrators decision.
10
Slide 11
Administrative Procedures Act STANDARD = Courts may set aside
agency actions only if arbitrary and capricious and abuse of
discretion 11
Slide 12
Arbitrary and Capricious Test: CASE 6.1 FCC v. Fox Television
Studios, Inc. (2009). Are the FCCs indecency rules too vague? The
Administrative Procedure Act 12
Slide 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. 13
Slide 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 14
Slide 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. 15
Slide 16
16 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
Slide 17
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 17
Slide 18
18 Exhaustion Doctrine: Some laws especially employment laws,
required you to go through the correct agency BEFORE can file a
lawsuit. EX
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19 Public Accountability Freedom of Information Act. Sunshine
Act.
Slide 20
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.Arkansas How did ESPN get
phone records? 20
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21 Freedom of Information Act FOIA Request Also: make their
records available electronically.
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As an employer what kind of documents might you want under
FOIA? 22
Slide 23
23 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
Slide 24
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 24