© 2004 West Legal Studies in Business, a Division of Thomson Learning 6.1 Chapter 6 Government Regulation: Overview

6.2 Administrative Law Includes all law concerning administrative agencies Court review of what administrative agencies have done

6.3 Origin and Purpose of Administrative Agencies Expertise Oversight of socialized harm Protection of the weak Speed and economy Class struggle

6.4 Enabling Acts Legislatures give agencies power through legislative delegation Two types of regulations InterpretiveSubstantive

6.5 Important Federal Administrative Statutes Federal Register Act Provides a way to get up-to-date information about an agency and its regulations Federal Register System Government Manual Federal Register Code of Federal Regulations Administrative Procedure Act

6.6 Important Federal Administrative Statutes Freedom of Information Act of 1966 Main purpose is to disclose information that federal agencies possess An FOIA request must have a reasonable description of records one wants Some information does not have to be disclosed

6.7 Important Federal Administrative Statutes Federal Privacy Act of 1974 Inherent conflict of values between agency use and assembling of information Mainly stops an agency from disclosing information without prior consent from individual Government in the Sunshine Act (open meeting law)

6.8 Important Federal Administrative Statutes Protection for federal whistleblowers People who expose waste, fraud, or abuse in an organization Civil Service Reform Act 9 of 1976 Problems are inherent in dealing with whistleblowers

6.9 Controlling Administrative Agencies The courts can review agency actions Courts can overturn agency actions Courts use evidence to support agency action The arbitrary, capricious, and unreasonable test is used

6.10 Controlling Administrative Agencies Sunset laws terminate administrative agencies by Cutting off agency’s budget Revoking the law that creates the agency Requiring periodic renewal of the law creating the agency

6.11 Controlling Administrative Agencies Ombudspersons Agency employees who check to see that the agency is operating properly Used by universities, cities, and various federal departments Jurisdiction may be broad or narrow

6.12 Controlling Administrative Agencies Federal Civil Rights Suits Allow people whose federal civil rights are denied by private individuals or by officials to sue wrongdoers in federal court Possible remedies include injunctions, actual damages, and punitive damages

6.13 Controlling Administrative Agencies Legislative vetoes Senate and/or House invalidating an agency’s regulation Controversial because of interference and inconsistency

6.14 Controlling Administrative Agencies Federal Tort Claims Act Sovereign immunity WaiverLimits

6.15 Recap – Terms to Know Administrative law Administrative agency Enabling acts Federal Register system Open meeting law Whistleblowers Sunset laws Ombudspersons Legislative veto Sovereign immunity