Lecture 10 10 12 Chapter 7 pg 897 Next quiz Friday October 19th Grade for Quiz 1 23 25 92 Administrative Agencies Sub category of the executive branch Created by Congress passing the Enabling Act 904 905 Purpose of agency what it s authorized and not authorized to do scope Quasi legislative function they act like legislative bodies Agencies pass rules and regulations which have the force effect of law example IRS filing taxes Quasi judicial function act like a court resolve disputes Each agency has administrative agency hearings plaintiff is the agency defendant is someone who hasn t complied with their rules regulations Administrative law judges preside over the hearing finder of fact the applier of law there are no juries Protect the environment EPA employees OSHA etc Protect against the harms of businesses etc Protect society Regulate against monopolistic industries utilities LAW FIRM CASE 2 Lecture 10 12 12 Extra Credit due Wednesday December 5th 10 of your grade Nice presentation format double spaced pages not as important just make sure it s complete covers all the topics Functions of Agencies 899 Quasi judicial function 915 Quasi legislative function 910 Consent orders by administrative agencies 915 Consent order in hearing is similar to an out of court settlement offer You are not able to enter in a consent order unless the agency offers it Appeals 917 922 Criticisms 10 17 12 Organizational Structure of Adm Agencies Agency Board of Commission President appoints them and can replace them Can t all be in the same political party Can t work in the industry Agency Secretary Responsible for legal records ex taking minutes Advisory Council Work in the industry consult with the agency not full time employees just advise the board General Counsel Director of Op Attorneys that represent the agency in charge of all the different bureaus within the agency Executive Director for Adm hiring firing budgeting etc Adm Law Judges decides who wins lowest civil burden of proof Immunity of Adm Agency Employees employees have immunity Adm Law Judges absolute immunity rest of employees qualified limited immunity Criticisms of Adm Agencies they regulated Revolving Door Syndrome only work for agency for 4 to 8 yrs then go back to the industry that excessive use of consent orders true violators get off scotch free rules and regulations are written in legal terms complex compliance
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