2019年最新-IntroductionTheRoleofAgencies-WestlawSign-On介紹機構Westlaw簽上的作用-精選文檔

1、Introduction:The Role of AgenciesThree Sources of the Law Legislative Judicial Executive PresidentCabinetAdministrative Agencies are established by legislatures, agencies and are usually organized under the executive branch of government, often associated with a Cabinet position conduct legislative,

2、 executive, and judicial types of activities exist on both federal and state levels (We will use the federal system as the paradigm for state agencies.) Examples of executive branch agencies are theEnviromnental Protection AgencyDepartment of TransportationFederal Reserve BoardDepartment of Agricult

3、ureUnited States Postal ServiceDepartment of Veterans9 AffairsFederal Aviation Administration Because of the scope of Congressional delegation of authority, each agency is unique in its structure, its persoimel, and the nature of its regulations. Unless talking about a specific agency, administrativ

4、e agencies? regulations and decisions must be discussed in broad generalizations.Independent Administrative Agencies: The Fourth Branch of Government? There are also agencies that are created by Congress as part of the executive branch but are not under the direct control of the president. Many of t

5、hese are independent regulatoiy conunissions. The president appoints, but camiot remove conunissioners except for causes specified under the enabling statute. These agencies are often called the "headless fourth branch of govermnent. Examples of regulatoiy conunissions are theCivil Aeronautics

6、BoardEqual Employment Opportunity ConunissionFederal Trade ConunissionNational Labor Relations BoardNuclear Regulatory ConunissionSecurities and Exchange ConunissionFederal Energy Regulatoiy ConunissionFederal Deposit Insurance CorporationFederal Conmiunications CommissionAn administrative agency ma

7、y be called aBoard National Labor Relations BoardConmiission Federal Conununications ConmiissionCoiporation Federal Deposit Insurance CorporationAuthority Tennessee Valley Authority Department Department of TranspoitationAdministration Social Security Administration-Agency Enviromnental Protection A

8、gencyRole of Administrative AgenciesLegislative: Granted mlemaking authorityCongress delegates authority to promulgate regulations to administrative agencies Enact enabling statutes Establish the scope of agency authorityPresidential Executive Order may also delegate authority to promulgate regulati

9、ons to administrative agencies.Judicial: Congress may also grant power to hear and settle disputes arising from the regulation or the enabling statute. Executive: Congress may also grant power to investigate and prosecute violators of regulations.Role of Administrative AgenciesThe Securities and Exc

10、hange Conunission is an example of an agency with powers similar to those of all three branches of govermnentLegislative: promulgates regulations governing what information must be given to investors.Judicial: conducts hearings to determine guilt and meteout punislunent to violators of these regulat

11、ions.Executive: enforces these regulations by prosecutingviolators by disciplinaiy actions and stop orders.Role of Administrative AgenciesOutcomes of agency actions includeRules or regulations (the two words are used interchangeably), which have the same effect as statutesLicenses, which include per

12、mits, certificates, other types of permissionAdvisoiy opinions, which are authoritative inteipretations of statutes and regulation but are not bindingOrders, which are the final disposition of any agency action, other than rulemakingDecisions, which adjudicate controversies arising out of the inteip

13、retation of statutes or regulations; they are issued in the same mamier as court decisionsComparison of the Roles of Statutes and RegulationsSTATUTES Passed by Congress Provide for broad social and economic goals and legal requirements Get their power from the Constitution Reviewed by courts for con

14、stitutionality Representative democracy Congress acts to represent the will of the peopleREGULATIONS Issued by agencies Get their power from Congress Prescribe specific legal requirements to meet congressional goals Reviewed by courts to determine constitutionality, limits of delegated authority, an

15、d whether they are arbitrary and capricious Participatory democracy agencies must seek and consider public conunent _The Process of PromulgatingRegulations (Rulemaking)The initiative behind promulgation of a new regulation or a change in a regulation can originate from many sources, includinglegisla

16、tion that delegates authoritycongressional hearings and reportscourt ordersExecutive Orders and Office of Management and Budget Circularsagency acting on its own initiativeemergency situations, teclmological developments, etc.political pressuresFederal Advisoiy Conunittee reconunendationspetitions a

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21、o," CfW*'» ne £»< wn*j<I*c*«W5 少“忙 waidej 久 k to Office of Management and Budget reviews under Executive Order 12866 Proposed mle is published in the Federal Register Public conunent is invited Office of Management and Budget re-reviews regulation Final regulation published in the Federal Register Final regulati