BSLW1021 Chapter Notes - Chapter 6: Federal Register, Administrative Law Judge, Enforcement Authority
Document Summary
Cannot act beyond the scope of authority in the statue that created it or assigned responsibility to it. When agencies establish a rational basis for its rule, the court accepts the rule and does not substitute their own judgment. Register under the federal register act: public comment period: 30 day period for public input(emergency exception, options after public comment: can promulgate(pass) or withdraw rule/modify. Executive power of the agency: can investigate to determine whether any violation of the law or its rules generally has occurred and power to execute law and bring it to proceedings. Judicial power: individual/company files complaint to correct agency with jurisdiction over matter, complaint sent to defendant who answers, administrative hearing to satisfy due process, but there is no right of trial by jury. Punishment and enforcement: penalty: decision is binding unless appealed to a court, cease and desist order: stop a practice that the agency finds improper.
