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York University (12,867)
ADMS 2610 (94)
Chapter 3

chapter3. Administrative law.docx

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Department
Administrative Studies
Course
ADMS 2610
Professor
Robert Levine
Semester
Summer

Description
CHAPTER 3. ADMINISTRATIVE LAW It includes not only the legislative acts of all levels of governments, but the rules, decisions and other directives of public officials, agencies, boards, and commissions created by the statutes to carry out the policies set out in the legislation. - Sets out broad policy objectives of the government, then delegate the enforcement of the policy to an entity that is created to administer the policy and ensure compliance with it by affected parties. - Agencies created by legislation to regulate activities or do specific things are called “ADMINISTRATIVE TRIBUNALS” - Allowed to set their own procedures and rules approved by government as an order-in-council, minister in charge of tribunal or others - Government at all levels exercise greater control over the activities of citizens within their respective jurisdictions resulting in a large bureaucracy at the provincial and federal levels. I. GOVERNMENT REGULATION OF BUSINESS AND THE PROFESSIONS - Includes rules or regulation that must be complied with before the commencement or operation of business. - Regulation of activities: regulation of professions, trades, travel agents and real-estate salespersons, incorporation of business, sale of securities, worker’s compensation etc - Usually established to meet perceived needs of the government to protect public and ensure that services provided meet public standards - They are granted the right to determine the entrance requirements that permit a person to enter the profession and to lawfully perform the work of the profession. Regulatory control of professions and skilled providers A statute is passed by the legislature, which creates an entity to regulate or control the particular profession or group of individuals - Legislation may designate a branch of particular ministry of government to handle regulation of individuals , usually taking the name of the particular professions, businesses, trades or services - Determine the skill requirement - Arrange for educational or training process - Provide for registration or licensing procedure that will entitle the person to practice profession - Statute may state: no person may engage in the particular service or profession unless licensed or registered - Control allows for revocation or termination of license II. THE HEARING PROCESS Any agency/ organization that has the power to deny or revoke the rights of person to practise a profession or engage in a lawful trade or business, is acting in a quasi-judicial manner and may not revoke or deny these rights until and unless affected person has been heard. - Affected person must be notified of the charges made against them - Given opportunity to testify and present their evidence III. BROAD-POLICY ADMI
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