BUS 410 Chapter Notes - Chapter 44: Administrative Procedure Act (United States), Regulatory Agency, United States Federal Executive Departments

• School: Emory University
• Department: Business
• Course: BUS 410
• Professor: Burdette Allison

Document Summary

Chapter 44: administrative law (skip section 1, skim section 5) Lawsuits regarding delegation: opposing groups bring lawsuits saying the rule was not authorized by the enabling statue, a group may also file suit that an agency has illegally failed to pursue regulation required by the enabling legislation. Serve for fixed terms and cannot be removed without just cause. Executive controls: president appoints federal officers, president can veto enabling legislation, office of information and regulatory affairs (oira) review cost-effectiveness of agency rules. Legislative controls: congress gives agencies power through enabling legislation, and can abolish or revise through subsequent legislation, legislation funds agencies, congress can investigate implementation of agency laws, can freeze the enforcement of federal regulations. Judicial controls: judicial review through the administrative procedure act, 2 things before judicial review happens: Exhaustion doctrine party seeking the suit must have gone through the administrative process before seeking court review.