Dealing with Administrative Law-How to decipher complex regulations that apply to your businesses? Anyone in business today will need to pay more attention to administrative rules and regulations than to laws passed by local, state, and federal legislatures. After reading the article below, discuss how you, as a business manager will survive in world of severe regulatory traps. Dealing with Administrative Law Whether you work for a large corporation or own a small business, you will be dealing with multiple aspects of administrative law. All federal, state, and local government administrative agencies create rules that have the force of law. Federal versus State and Local Agency Regulations The three levels of government create three levels of rules and regulations though their respective administrative agencies. At the federal level, these include the Food and Drug Administration, the Equal Employment Opportunity Commission, and the Occupational Safety and Health Administration. Similar agencies govern business activities at the state level. As a manager, you will have to learn about agency regulations that pertain to your business activities. It will be up to you, as a manager or small-business owner, to discern which of those regulations are most important and could create the most liability if you violate them. When Should You Participate in the Rulemaking Process? All federal agencies and many state agencies invite public comments on proposed rules. Suppose that you manage a large construction company and your state occupational safety agency proposes a new rule requiring every employee on a construction site to wear hearing protection. You believe that the rule will lead to a less safe environment because your employees will not be able to communicate easily with one another. Should you spend time offering comments to the agency? As an efficient manager, you make a trade-off calculation. First, you determine the value of the time that you would spend attempting to prevent or at least alter the proposed rule. Then you compare this implicit cost with your estimate of the potential benefits your company would receive if the rule is not put into place. Be Prepared for Investigations All administrative agencies have investigatory powers. Agencies’ investigators usually have the power to search business premises, although normally they first have to obtain a search warrant. As a manager, you often have the choice of cooperating with agency investigators or providing just the minimum amount of assistance. If your business is routinely investigated, you will often opt for cooperation. In contrast, if your business is rarely investigated, you may decide that the on-site proposed inspection is overreaching. Then you must contact your company’s attorney for advice on how to proceed
Dealing with Administrative Law-How to decipher complex regulations that apply to your businesses?
Anyone in business today will need to pay more attention to administrative rules and regulations than to laws passed by local, state, and federal legislatures. After reading the article below, discuss how you, as a business manager will survive in world of severe regulatory traps.
Dealing with Administrative Law
Whether you work for a large corporation or own a small business, you will be dealing with multiple aspects of administrative law. All federal, state, and local government administrative agencies create rules that have the force of law. Federal versus State and Local Agency Regulations
The three levels of government create three levels of rules and regulations though their respective administrative agencies. At the federal level, these include the Food and Drug Administration, the Equal Employment Opportunity Commission, and the Occupational Safety and Health Administration. Similar agencies govern business activities at the state level.
As a manager, you will have to learn about agency regulations that pertain to your business activities. It will be up to you, as a manager or small-business owner, to discern which of those regulations are most important and could create the most liability if you violate them.
When Should You Participate in the Rulemaking Process?
All federal agencies and many state agencies invite public comments on proposed rules. Suppose that you manage a large construction company and your state occupational safety agency proposes a new rule requiring every employee on a construction site to wear hearing protection. You believe that the rule will lead to a less safe environment because your employees will not be able to communicate easily with one another.
Should you spend time offering comments to the agency? As an efficient manager, you make a trade-off calculation. First, you determine the value of the time that you would spend attempting to prevent or at least alter the proposed rule. Then you compare this implicit cost with your estimate of the potential benefits your company would receive if the rule is not put into place.
Be Prepared for Investigations
All administrative agencies have investigatory powers. Agencies’ investigators usually have the power to search business premises, although normally they first have to obtain a search warrant.
As a manager, you often have the choice of cooperating with agency investigators or providing just the minimum amount of assistance. If your business is routinely investigated, you will often opt for cooperation. In contrast, if your business is rarely investigated, you may decide that the on-site proposed inspection is overreaching. Then you must contact your company’s attorney for advice on how to proceed.
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