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The goals of this chapter are: Explain the role of enabling legislation and constitutional limitations in defining the legal authority of an administrative agency, list administrative agency powers, discuss the major legal bases for a judicial challenge to administrative agency actions. | Regulation of Business Administrative Agencies The Federal Trade Commission Act and Consumer Protection Laws Antitrust: The Sherman Act 11 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Regulation of Business The Clayton Act, The Robinson-Patman Act, and Antitrust Exemptions and Immunities Employment Law Environmental Regulation 11 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Administrative Agencies P A E T R H C 47 “The execution of the laws is more important than the making of them.” Thomas Jefferson Learning Objectives Creation of administrative agencies Agency types and organization Agency powers and procedures Controlling administrative agencies Information controls Issues in regulation 47 - The administrative agency, created by enabling legislation, implements and enforces statutes enacted by Congress Has legislative, executive, judicial functions Federal and state agencies | Regulation of Business Administrative Agencies The Federal Trade Commission Act and Consumer Protection Laws Antitrust: The Sherman Act 11 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Regulation of Business The Clayton Act, The Robinson-Patman Act, and Antitrust Exemptions and Immunities Employment Law Environmental Regulation 11 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Administrative Agencies P A E T R H C 47 “The execution of the laws is more important than the making of them.” Thomas Jefferson Learning Objectives Creation of administrative agencies Agency types and organization Agency powers and procedures Controlling administrative agencies Information controls Issues in regulation 47 - The administrative agency, created by enabling legislation, implements and enforces statutes enacted by Congress Has legislative, executive, judicial functions Federal and state agencies must operate within the constitutional guarantees of due process, equal protection, and freedom of speech See Pearson v. Shalala Overview 47 - Often called the fourth branch of government because they have legislative (rules, regulations), executive (enforcement), and judicial (hearings) functions As society changes and demands more regulation or other governmental action, additional agencies have been created by Congress by enabling legislation States name, composition, and powers of agency Example: Federal Trade Commission may promulgate rules that have binding legal effect on future behavior, investigate and prosecute alleged violations, and adjudicate disputes concerning alleged violations of law U.S. Constitution establishes a three-branch (tripartite) system of government for checks and balances and as a separation of powers Agency powers blur the lines of separation Whitman v. American Trucking Assoc.: Supreme Court held that Congress lawfully delegated duties to the .
