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LEGL 2700 - FINAL EXAM MASTER STUDY GUIDE Questions and answers, rated A+ Administrative agency A board, bureau, commission or organization set up by a federal or state government How do administrative agencies get their power? Create rules (regulations) and enforce laws that impact the legal environment of business Brainpower Read More Previous Play Next Rewind 10 seconds Move forward 10 seconds Unmute 0:00 / 0:15 Full screen examples of administrative agencies FDA, USDA, EPA, FEC, SEC (securities and exchange commission Powers of Administrative Agencies i. Legislative (power to create rules & regs), executive (power to investigate, prosecute, advise, supervise) , judicial (power to decide controversies) 1. These all come together to make administrative agencies reasons for administrative agencies a. Specificity b. Expertise  I want some who is familiar with securities, not someone who has nothing to do with it c. Protection  these agencies help protect the public from businesses, make sure that business are not taking advantage of the public d. Regulation  help regulate/put rules in, advise Services  welfare, mail service (all have to be done by someone Functions of agencies: Rulemaking i. Quasi-legislative Power ii. Regulations have the force and effect of law 1. Must allow time for public comment after proposing regulations iii. Guidelines are advisory but do not have the force and effect of law Regulations vs. Guidelines i. regulations (ENFORCEABLE), guidelines (SUGGESTIONS) Function of agencies: adjudicating function Quasi-Judicial function 1. Involves fact-finding and applying the law to the facts. 2. Agencies are able to make decisions just like a regular court would. tools: cease and desist and consent order quasi-judicial function tools - cease and desist 1. Cease and Desist - order that the violator must stop objectionable activity and refrain from any further violation a. Sort of like an injunction, injunctions just come from the courts. consent order 1. order entered by the agency that is agreed upon by the accused and requires the accused to waive rights to judicial review a. Consent order = settlement agreement, encourage people to settle to avoid the actual cost of trial. If you agree to this, there is no judicial review, whatever the agency decides this is FINAL. Functions of Agencies: Advising i. Report to the President. ii. Recommending legislations to Congress (see an issue, and request a law in place for this issue) iii. Report to the general public iv. Issuing Advisory opinions to businesses or individuals (tells you how the administration will rule on particular issues) Functions of Agencies: Investigatin