Chapter1.admin law&adminagency
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Transcript of Chapter1.admin law&adminagency
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Administrative Law and
Administrative Agencies
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Explanation of Administrative Law
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The laws that define the legal powers and legal limits of government agencies
Sets out the means agencies use to apply its powers and the remedies individuals seek if injured by an agency’s decision.
What is Administrative Law?
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Enabling acts (i.e. statutes or laws) Defines the agency’s role or mission.
Legislatures pass laws which gives each agency its authority
How is Administrative Authority Created?
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Powers of Enabling Statute (Act/Law)
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Substantive law – administrative laws that protect rights and liberties. Example: 14th Amendment
Procedural law – administrative laws t hat define the legal procedures and methods to be followed. Example: Federal Administrative Procedures Act and
Tennessee Uniform Procedures Act Laws within an agency’s field of expertise.
Example: Environmental law
Types of Administrative Law
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Areas of Administrative Law
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Explanation of Administrative Agency
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Government body or organization created by legislatures to serve citizens by overseeing and administering laws in designated areas of expertise.
Created to solve problems of public interest quickly and inexpensively.
What are administrative agencies?
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Legislatures delegate limited powers to agencies Lack of time/resourcesComplex problems needing expertise
The enabling statutes that create agencies delineates the exact powers and limitations of the agency
What are administrative agencies?
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In TN, administrative agencies are created at Tenn. Code Ann. § 4-3-101 et. seq.Creation of each administrative
agenciesOrganizationPowers and duties
What are administrative agencies?
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Set standards Makes rules and regulations Prosecute against those who refuse to obey
the regulations Make decisions on those actions that come
before it in claims and hearings Investigate complaints
Powers of administrative agencies
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Social welfareRegulatory IndependentExecutive
Categories of administrative agencies
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Regulatory Agencies
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Direct or regulate certain areas of public and private interests.
Staffed by individuals in the occupational field being regulated.
Powers, usually include: Define and establish regulations Monitor compliance with regulations Prosecute if regulations are violated
Examples: Licensing of transportation, health related boards, board of professional responsibility
Regulatory Agencies
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Social Welfare Agencies
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Administer and provide assistance on both federal and state levels
Examples include: Disability Old age benefits Worker’s compensation Consumer protection Environmental protection
Social Welfare Agencies
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Independent Agencies
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Agencies that make decisions on matters affecting the economy, such as stocks
Staff consist of a board of five to seven members, often called commissions
Purpose – specific task and they are specialists in their field.
Called independent because they may only be removed by just cause.
Examples: federal deposit insurance corporation, TSSAA
Independent Agencies
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Executive Agencies
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Part of the executive branches of federal and state governments
May both regulate and provide assistance The head of the department is appointed by the
executive (e.g., president, governor). Therefore the agency is not independent of political influences.
Head may not be an expert in the field and is easily removable.
Examples: Department of Education, Department of Agriculture, Department of Health and Human Services
Executive Agencies