Leads has how many administrative rules

For example, if the small town of Xenophobia, Colorado, passed a law that required all business owners and their employees to be Christian, heterosexual, and married, the equal protection clause as well as numerous state and federal equal opportunity employment laws would empower plaintiffs to go to court and have the law struck down as unconstitutional.

Knowing that information is power, we will see many laws administered by regulatory agencies that seek to level the playing field of economic competition by requiring disclosure of the most pertinent information for consumers consumer protection laws , investors securities laws , and citizens e.

But there are additional reasons to regulate. For example, in economic systems, it is likely for natural monopolies to occur. These are where one firm can most efficiently supply all of the good or service. Having duplicate or triplicate systems for supplying electricity, for example, would be inefficient, so most states have a public utilities commission to determine both price and quality of service.

This is direct regulation. Sometimes destructive competition can result if there is no regulation. Banking and insurance are good examples of this. Without government regulation of banks setting standards and methods , open and fierce competition would result in widespread bank failures. That would erode public confidence in banks and business generally. Other market imperfections can yield a demand for regulation.

For example, there is a need to regulate frequencies for public broadcast on radio, television, and other wireless transmissions for police, fire, national defense, etc.

Many economists would also list an adequate supply of public goods as something that must be created by government. On its own, for example, the market would not provide public goods such as education, a highway system, lighthouses, a military for defense.

True laissez-faire capitalism—a market free from any regulation—would not try to deal with market imperfections and would also allow people to freely choose products, services, and other arrangements that historically have been deemed socially unacceptable. Thus the free market in actual terms—and not in theory—consists of commerce legally constrained by what is economically desirable and by what is socially desirable as well.

Public policy objectives in the social arena include ensuring equal opportunity in employment, protecting employees from unhealthy or unsafe work environments, preserving environmental quality and resources, and protecting consumers from unsafe products. Sometimes these objectives are met by giving individuals statutory rights that can be used in bringing a complaint e. Through the commerce clause in the US Constitution, Congress has the power to regulate trade between the states and with foreign nations.

The earliest federal agency therefore dealt with trucking and railroads, to literally set the rules of the road for interstate commerce. Congress delegated to the ICC the power to enforce federal laws against railroad rate discrimination and other unfair pricing practices. By the early part of this century, the ICC gained the power to fix rates. From the s through , however, Congress passed deregulatory measures, and the ICC was formally abolished in , with its powers transferred to the Surface Transportation Board.

Beginning with the Federal Trade Commission FTC in , Congress has created numerous other agencies, many of them familiar actors in American government.

Today more than eighty-five federal agencies have jurisdiction to regulate some form of private activity. Most were created since , and more than a third since A similar growth has occurred at the state level. Most states now have dozens of regulatory agencies, many of them overlapping in function with the federal bodies. Independent agencies are different from federal executive departments and other executive agencies by their structural and functional characteristics. Most executive departments have a single director, administrator, or secretary appointed by the president of the United States.

Independent agencies almost always have a commission or board consisting of five to seven members who share power over the agency. The president appoints the commissioners or board subject to Senate confirmation, but they often serve with staggered terms and often for longer terms than a usual four-year presidential term. Most independent agencies have a statutory requirement of bipartisan membership on the commission, so the president cannot simply fill vacancies with members of his own political party.

Lone Steer, U. An administrative agency can compel parties to file reports. Complainants file petitions to compel another party to file reports on issues connected with the dispute. When a party does not produce some documents claiming a privilege or fails to comply with an order of administrative agency to produce certain reports, the administrative agency can compel the party to produce the reports before the agency. Administrative agencies can compel report filing when information sought can be reasonably obtained only from opposite party, and the opposite party has refused to provide the information voluntarily.

However, the information sought should have probative value in the matter of dispute. An administrative inspection is inspection of business or other premises conducted by authorities for obtaining information. In the Federal context, administrative inspection is initiated and conducted only by federal agency officials. A party can submit a request to authorities to inspect for discovery of information related to the dispute.

However, the administrative agencies only conducts the inspection if it is satisfied that the information required can only be obtained through inspection by the authorities.

Dewey, U. However, legislative processes authorizing warrantless administrative searches of commercial property do not automatically violate the fourth amendment. Administrative law is a body of law that controls administrative activities of government agencies.

An administrative agency is a permanent or semi-permanent branch of the government that is responsible for management and administration of specific functions. Note that an administrative agency is not a part of the United States judicial system though they may7 be subject in various circumstances to judicial review.

Courts and administrative agencies are independent. Their functions also differ. Statutes have delegated administrative agencies executive power to administer legislative authority. The primary function of administrative agencies is to exercise the executive power delegated to them by statute.

Ginsberg, W. Note that the administrative system substitutes administrative agencies for courts in making many decisions in the federal agencies. Such administrative agencies also determine definition of individual rights in administrative systems. However, there can be Court review of administrative decisions. For example, in Benedict v. The Board denied the application on grounds that husband was not actually engaged in performance of his duties as a police officer when he was shot.

The court observed that in determining a question the board should have considered all available information and facts. The court concluded that the officer was performing his duty as a police officer in preventing his son from firing, and hence, his widow was eligible for pension.

Generally, administrative procedures are less complex and legalistic than judicial procedure. Such proceedings, however, are bound by basic evidentiary limits. Ruffin v. Clinton, S. Note that strict rules of evidence do not necessarily apply to administrative proceedings while they must in a court of law. According to the Seventh Amendment of the US Constitution, in lawsuits where the value in controversy exceeds a specified amount the parties are entitled to demand a jury trial in an action for damages.

Curtis v. Loether, U. However, the right preserved by the Seventh Amendment is not applicable in administrative proceedings. Administrative agencies can either be agents of the executive or independent agencies.

Administrative agencies cannot be considered courts but can act as quasi-judicial bodies when the statute permits. This quasi-judicial power of the administrative agencies encourages quick decision makings in relatively minor or exceedingly complex disputes.

The decisions of administrative agencies can be reviewed by the state or federal courts if the administrative agency does not comply with the required due processes , if the parties involved are not given the opportunity for full and fair hearing or, if there is any abuse of discretion. Usually, before suing in civil court, the parties must exhaust all appeals within the agency.

While some textualist scholars argue that administrative agencies are unconstitutional, particularly because of unconstitutional delegation of law-making power, the current jurisprudence in administrative law deems agencies constitutional, and necessary in the current society in the functional and pragmatic sense. Indeed, because the Congress cannot enforce and administer every law it enacts, it must rely on the agencies to administer, interpret, enforce, and otherwise regulate various federal laws the Congress has enacted.

Some of the most notable agencies are the executive agencies such as the Department of Justice and Department of Defense, etc. These agencies have enormous power to interpret the broad congressional laws to enact various rules defining and interpreting the relevant statutes, and to enforce those rules, and adjudicate matters according to those regulations.

However, despite their enormous powers, the governmental agencies must still act within Constitutional and statutory parameters. These and other limits have been codified , for the most part, into the overall statute known as the Administrative Procedure Act APA and state analogs, which provides for the roles and powers of all the agencies, and the procedures by which they must abide by in all their functions.

APA categorizes administrative functions into formal and informal rulemaking and adjudication , which have binding effects, as well as guidance, which has no binding effect. The APA further prescribes certain procedural rules by which the agencies need to follow before acting in one of the functions listed.

The APA is a remedial statute designed to ensure uniformity and openness in the procedures used by federal agencies. The Act is comprised of a comprehensive regulatory scheme governing regulations, adjudications, and rule making in general terms.

The APA is the major source for federal administrative agency law, while state agencies' administration and regulation are governed by comparable state acts. For example, under the federal APA and judicial interpretations of the APA, agencies purporting to engage in rulemaking function must give notice of proposed rulemaking before adopting the final rule. In its adjudicatory functions, the agencies often have their own judicial body, known as the Administrative Law Judge, who are part of their respective agency, but must be independent from the agency officials involved in certain action.

The administrative law judges are to adjudicate claims or disputes involving the agency, as an impartial trier of fact and law, and are prohibited by APA from engaging in any ex parte contact with the agency, unless upon notice and opportunities to all parties involved in the proceeding. Finally, the agencies have much less procedural limitations in its guidance actions, where the agencies can issue interpretive rulings or guidance letters explaining its stance on certain rules, etc, but without the force of law.