Reasons for Agencies 1 Delegate Legislative and Judicial Functions a They have too much to do b Congress it would take them too long to legislative all tax laws so they made the IRS i Quasi legislative ability to make rules and regulations c Courts so clogged up with other law breakers i Quasi judicial administrative agency agency v someone not complying with their 2 Expertise in Developing an Area of Law rules and regulations a Better than the generalness of Congress laws b Better at resolving disputes because they re experts 3 Protection a Big business can harm consumers i They can abuse employees in the workplace ii They can pollute the water air etc 4 Regulation Equalization of Competition Among Businesses a Example energy company i There is only one energy company in a neighborhood They aren t allowed to dramatically increase the prices because of regulation a Congress comes up with an idea examples social security post office Medicare Medicaid but they need people to carry it out 5 Necessity Formation of Agencies 1 Enabling Acts passed by Congress created by legislative branch must be signed by president a Statement of Agency s Purpose b Scope of Agency s Authority Established i General language they are able to do a lot with this c Part of Executive Branch of Government Functions of Agencies 1 Quasi legislative Function a Rules and regulations have to comply to these b Guidelines aren t always required to do a cost benefit analysis c Can be challenged 2 Quasi judicial Function a Agency Procedural Law b Burden of Proof i Preponderance of evidence 51 c Procedural Aspects i Each has their own ii No juries iii Administrative judge is part of the administrative agency they are the finder of fact AND applier of the law d Remedies i Consent orders agency must offer it to you it is used a ton violators can get off free submit it to jurisdiction of agency don t admit to violations agree that you won t violate in future ii Fines iii Cease and assist don t do it again iv Corrective run a series of ads that correct bad ads e Appeals i Exhaustion of remedies doctrine although you can appeal you must show you have exhausted all levels of an appeal in the agency f Equal Access to Justice Act i You don t have tons of assets access to the law like the agency but they have a ton ii Must be less than 1 million annually iii If they weren t substantially justified in suing you the government will reimburse you only if you can show they weren t substantially justified in the first place i Example IRS with a tax question the advisory opinion is legally binding on the 3 Advising a Called in to Congress to let them know what s going on b Prior decisions precedent c Give advice to people under their jurisdiction 4 Investigatory party person seeking the IRS a Can go out and do inspections in the workplace b Can audit tax returns c Can subpoena witnesses d Can use tools of discovery Co existence of Doctrine of Separation of Powers and Multi branch Function of Administrative Agencies 1 Judicial branch 2 Legislative branch 3 Executive branch a Can appeal the agencies b Courts can strike down some of the regulations as unconstitutional a Can amend the act OR can repeal the act b Power of the purse controls how much the agencies get annually a President appoints commissioners not life long terms b The president can remove the commissioners from office Organizational Structure of Administrative Agencies 1 Agency Board or Commission 5 7 members a The person seen in the news is the chairperson b The 5 7 members cannot all be from the same party i For example 4 3 or 3 2 c Appointed by president with the advice and consent of the Senate d They are picked for their expertise e They set the policy for the commission f They cannot hold a job in the same industry g Revolving Door they go back to industry after their term is up 2 Agency Secretary 3 Advisory Councils a Responsible for keeping records of the meetings a Not full time employees of the agency b Professionals in industry to keep them up to date 4 General Counsel a Head of legal department of agency 5 Director of Operations a In charge of different bureaus 6 Executive Director for Administration a Employment HR payroll budget b Basically hiring budgeting 7 Administrative Law Judges a Preside at dispute resolutions b Full time employees Immunity of Administrative Agency Employees 1 Absolute judges 2 Qualified limited the rest of the agency Criticisms of Administrative Agencies 1 Extreme use of consent orders 2 Written in legalies confusing to common person 3 Conflicting of rules with other agencies 4 Revolving Door 5 No cost benefit analysis 6 Paperwork
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