BUS 607 Week 5 Discussion 1

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Discuss two of the following items in your initial post:  Discuss the Administrative Procedures Act. What are the factors that make an agency rule arbitrary and capricious? What happens to a rule... that is deemed arbitrary and capricious?  Explain the relationship between administrative agency investigation of violations and the Fourth Amendment of the U.S. Constitution.  Describe and discuss the laws Congress has passed to make agencies more accountable to the public, including the Freedom of Information Act, the Government in Sunshine Act, the Regulatory Flexibility Act, and the Small Business Regulatory Enforcement Fairness Act.  Identify 5 federal, state, or local agencies that you may encounter in the field of accounting. Identify whether each agency is an executive agency or an independent agency. Discuss the area of law that each agency administers and why it is important to be familiar with the operations of that agency. Discuss the Administrative Procedures Act. What are the factors that make an agency rule arbitrary and capricious? What happens to a rule that is deemed arbitrary and capricious? The Administrative Procedure Act Law is a law that is utilized by the federal agencies that gives them the power to create rules and regulations they see fit (Miller, 2014). The main goal or purpose of this “agency” was to have more judicial control over agencies such as FDA, EPA. This type of power given can lead to arbitration and capacious in which this power can also be used to abuse the system and create rules that aren’t rational or abide by what congress originally intended for them to do (Miller, 2014). There is a test that can be conducted which consist of weighing the factors of the newly formed rule. If the agency created a rule in which congress had no intent or need in considering it, if there was no reasonable and rational explanation for the decision, then the agency did not consider legally inappropriate factors nor relevant factors, thus resulting in the agency changing their policy without justification. If the rule is found to be arbitrary and capricious the courts can set aside an action by the federal agency’s action (Miller, 2014). Explain the relationship between administrative agency investigation of violations and the Fourth Amendment of the U.S. Constitution. As the number of regulations increasing the government needs to enter and inspect business properties without any warrant or probable cause of any criminal activity. When this type of search is used or conducted on a criminal investigation instead of a regulatory scheme, in which it violates the fourth amendment (Miller, 2014). The fourth amendment of the constitution of the United States of America states that it prohibits unreasonable searches and seizures (Carthew, 2019). Now, for this type of actions to not violate nor be a violation of the fourth amendment the agencies need to advice the owner(s) of the premises being searched and must limit the discretion of the officers conducting the inspection. In the case that the administrative investigation is deemed intolerable in intensity and scope when it becomes a criminal activity search it violates the fourth amendment and may be omissible in court. Andres Navarro Santacruz Reference: This study source was downloaded by 100000831988016 from CourseHero.com on 04-29-2022 15:19:54 GMT -05:00 https://www.coursehero.com/file/45024343/BUS-607-Week-5-Discussion-1docx/ Carthew, A. (2019). Searches and Seizures - Fourth Amendment and Reasonableness in General: Protection of Privacy Interests in the Digital Age. North Dakota Law Review, 94(1), 197–220. Retrieved from http://search.ebscohost.com.proxy-library.ashford.edu/login.aspx? direct=true&db=a9h&AN=135007106&site=eds-live&scope=site Miller, R. L. (2014). Business law: Text and cases - commercial law for accountants. Retrieved from https://www.redshelf.com [Show More]

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