Discussion Board 3

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Classmate's Post (Need to get some comments)

Savanah Holcomb

1. The difference between administrative agency and the federal government is that the administrative agency deals with the federal government. The administrative agency carry's out the laws that deal with the legislative branch of the federal government (Textbook, sec 6-1a, para 1).

2. Yes businesses and individuals should be concerned with the structure of administrative agencies. Administrative agencies have the right to make legal decisions when it comes to laws affecting business (Textbook, sec 6-1a, para 2). Therefore any decisions made by the agencies can directly affect one and their business.

3. The agency makes the rules and makes sure those rules are being met. They have the power to check anything going against the rules (Textbook, sec 6-1b, para 2).

4. One example would be the subscribers of comcast noticing that comcast was iinterfering with their social media networking. Comcast was charging more depending on user content and applications. The courts opinion stated that the FCC had nothing stopping them from doing that and therefore they could not change anything (Textbook, sec 6-2b, para 3).

Alyssa LaMaina

1. The administrative agency does not make the final decisions. An example of this is in chapter 6-page 90 case summary. At the end of the case summary, the result is to leave the final decision to the executive and legislative branches that the tripartite has.

2. I do not think individuals or businesses should be concerned with the structure of the administrative agencies because they seem open to the public as to what is going on in the agency. For example, the open meeting law is described as the federal government requiring that most meetings be open to the public. This allows the public to know what steps the agencies are taking to prevent administrative misconduct. An administrative agency also has the power to make laws regulating from public input. Just from reading this, as a part of the public, it seems like the administrative agencies are very open and willing to hear from the public and even use their input in making decisions and changing laws.

3. The procedural and operating requirements of an administrative agency are accessed in 3 ways 1. open meetings 2. open records and 3. public announcementof agency guidelines.

4. One example in Chapter 6 Case summary’s is an agency trying to regulate hot air. In 1999, a group of 19 private organizations filed a rulemaking petition asking the EPA to regulate “greenhouse gas emissions from new motor vehicles under the clean air act. The organizations argued that carbon monoxide was the contributor that was changing the climate. The administrative agencies asked the public to send in whatever documentation, tests, or information they had on this subject. The court held the decision that the information that the EPA was not sustainable, and any other action is left to the

executive and legislative branches (textbook pg 90) My take on this problem is that there was not enough information for the administrative agency to regulate the clean air act. The administrative agency seemed like they needed more information from companies in the area about how the pollution is affecting them.

Robert Dlugaszewski

1) Administrative agencies differ from the legislative branch in that those who head up and operate are ordinarily

appointed. In the tripartite structure of legislation, executive, and judicial branches, the judicial branch reviews

actions of the executive and legislative branches to ensure that they have not exceeded their constitutional powers.

However, governmental agencies make the rules, conduct inspections to see that the rules have been or are being

obeyed, and determine whether there have been violations of their rules. (Section 6-1b, para. 1)

2) Individuals or businesses shouldn't be concerned with the structure of administrative agencies because agencies have such broad powers, they are subject to strict procedural rules as well as disclosure requirements. (Section 6-1b, para. 2)

3) Open operation of administrative agencies allows the public ready access to the activity of administrative agencies. That access comes in three different ways: (1) open records, (2) open meetings, and (3) public announcement of agency guidelines. the actions and activities of most federal agencies that are not otherwise regulated are controlled by the Administrative Procedure Act (APA). Many states have adopted statues with provisions similar to those of the APA. (Section 6-1c, para. 1)

4) ​R.J. Reynolds Tobacco Company et al. v. FDA et al., 696 F.3d 1205 (D.C. Cir.) -​ The FDA was challenged by tobacco companies for its new rule that required the tobacco companies to put one of the FDA's 12 picture labels on its packaging. The Tobacco companies argued that their First Amendment rights were being violated by the rules, forcing them to speak in a certain way using government-mandated materials. The court ruled that the FDA's graphic warning rule violated the tobacco companies First Amendment Rights but the FDA appealed the District courtsdecision and then when taken to Appeals court the decision came down to a 2-1 decision where they agreed with the District court but a point was made ​, ​finding that the real primary purpose of the graphic warning rule was to effectively communicate the negative health consequences of smoking to consumers which almost swayed the unanimous decision to side with the FDA.

Jessica Marks

1. The tripartite structure of the federal government is made up of three branches which are legislative, executive, and judicial. The tripartite is three part and the different branches either make laws, execute laws, or interpret laws (p.55, para. 4-1).The administrative agency is different because it is a government body that works with implementing and administering legislation (p.87, para. 6-1). It is also different from the legislative branch because the President can appoint powers. The agencies combine the three branches of the tripartite structure (p. 87-88, para. 6-1b).

2. I think businesses should be concerned with the structure of administrative agencies because there are many rules to follow while running a business. There are many consequences to not

following a law. For example, a business can be subject to inspection, tax licenses up to date, and reports (p94, para 6-3). These are all included in agencies work.

3. The Administrative Procedure Act would check the powers of the agencies because they establish the rules for operation (p.88, para. 6-1c)

4. 19 private organizations filed a petition asking the Environmental Protection Agency to regulate greenhouse gasses from new motor vehicles. The EPA denied the petition under the Clean Air Act because they did not have the authority to address climate change. The Environmental Protection Agency was then challenged. The EPA did not do much about this petition, instead they basically turned it away. The court required the EPA to take action. The court ruling in this case was explained that no matter how many strong feelings there is about climate change, it is left to the executive and legislative branches, not the courts. (P. 90-91).