Question: Rulemaking and q , adjudication are the two primary functions of an administrative agency. Administrative agencies are required to honor the constitutional rights of individuals
Rulemaking and adjudication are the two primary functions of an administrative agency.
Administrative agencies are required to honor the constitutional rights of individuals and businesses, but lesser protection is afforded to business records since the records custodian of a business or corporation is not entitled to invoke the privilege against selfincriminationfor records required by law to be maintained.
Administrative agency actions are presumed to be valid and, as a result, a person or business seeking the reversal of an agency action has the burden of proving a valid ground for reversal of the agency's action.
Because of the requirement of a party aggrieved by an agency enforcement action may not appeal the agency's decision to the Courts unless the agency issues a "final decision" on the matter.
In the case of FCC v Fox Television Stations, in your eText, Fox and ABC successfully asserted a First Amendment challenge to the FCC fines imposed for allegedly obscene programming because the obscenity standards used by the agency were toc
Section II Short Answer. Max Points
This Section consists of three questions, each worth five points. Maximum points for this Section equal fifteen points.
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