A New Regulatory Framework; Report on Selected Independent Regulatory AgenciesU.S. Government Printing Office, 1971 - 198 pages |
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activities adjudication administrative court agency policy amended supp American Bar Association antitrust enforcement Appeals APPENDIX Budget carriers case-by-case chairman change from 1965 Civil Aeronautics Board collegial bodies collegial form commis commission form commissioners Committee on Administrative competition Cong Congress consumer protection containerization coordination Department of Transportation economic effective executive branch Federal Power Federal Power Commission Federal Trade Commission Fiscal freight hearing examiners Hoover Commission independent regulatory commissions interest intermodal Interstate Commerce Interstate Commerce Act Interstate Commerce Commission issues judicial jurisdiction labels legislation ment needs organizational Percent change personnel President problems procedures proceedings promotional proposed Public Utility Holding rates recommendations regulated industries regulatory agencies regulatory functions regulatory process regulatory responsibilities rulemaking securities shippers single administrator staff statutes supra note supra pt Textiles and furs tion Trade Practices Agency U.S. Government Printing workload
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Page 61 - Authority appears before such regulatory bodies as the Interstate Commerce Commission, the Civil Aeronautics Board and the Federal Maritime Board in the interest of the welfare of the unified Port Area.
Page 14 - fourth branch" of the Government, a haphazard deposit of irresponsible agencies and uncoordinated powers. They do violence to the basic theory of the American Constitution that there should be three major branches of the Government and only three.
Page 57 - But where the question is one of specific application of a broad statutory term in a proceeding in which the agency administering the statute must determine it initially, the reviewing court's function is limited. . . . [T]he Board's determination that specified persons are 'employees' under this Act is to be accepted if it has 'warrant in the record' and a reasonable basis in law.
Page 137 - He then proposes the following modus operandi for the more effective fulfillment of the regulatory function: Thus, while I have long held to the opposite view, I am now convinced that we will lose nothing, and gain much, by eliminating from agencies like the Federal Trade Commission the function of case-by-case adjudication of alleged violations of law. This function should be transferred either to the district courts or, preferably, to a new Trade Court which is decentralized and holds hearings...
Page 165 - In this important field, the FTC has failed to build upon its most imaginative undertaking, the District of Columbia pilot project. Although emphasizing the need for state and local effort, the FTC has kept its Federal-State Coordination program patently understaffed. Unjustified doubts within the FTC as to its power or effectiveness in dealing with local frauds have caused it to remain largely passive in this area of enforcement. We recommend a new and vigorous approach to consumer fraud. The FTC...
Page 135 - Commission discovered when it promulgated its Cigarette Labeling Rule in 1964. Independence nourishes institutlonal timidity and fear of those who may use their political or economic influence to take reprisal action against the agency, reducing its powers or cutting its appropriations. Another consequence of carrying the concept of independence too far is that it impedes the development of comprehensive and harmonious national policies in such broad areas, for example, as transportation, communications,...
Page 137 - ... merits, because they feel obliged to defer to the agency's expert judgment and discretion. There are other institutional factors that intrude upon fair and impartial agency adjudication. Theoretically, when an agency member sits as a judge, his freedom to decide is the same as if he were on a court. But the judicial process is designed to insure that the judge is both neutral and disinterested, and has no interest other than that of applying the law fairly and evenhandedly. An agency member,...
Page 90 - ... per year for Textile Act enforcement during the same period. In budget requests for fiscal 1970, the FTC has put substantially more emphasis on Flammable Fabrics Act enforcement. Thus, of 70 additional employees requested for fiscal 1970, 54 are to work in this area of enforcement. (2) Evaluation. Operations of the Bureau of Textiles and Furs (other than in Flammable Fabrics Act enforcement) represent a glaring example of misallocation of resources and a misguided enforcement policy. Each year...
Page 169 - ... torch sweaters", and was amended in 1967 to allow for more flexibility in standards and to broaden the coverage of the Act to include household furnishings, draperies and blankets. Time and effort devoted by the Bureau of Textiles and Furs to enforcement of this statute has been relatively minor compared to enforcement of the three labeling statutes. Of all Textile and Fur Bureau cases on the FTC docket in July 1962, 13.3% involved violations of the Flamable Fabrics Act. The percentage rose to...
Page 36 - For purposes of management, boards and commissions have turned out to be failures. Their mechanism is inevitably slow, cumbersome, wasteful, and ineffective, and does not lend itself readily to cooperation with other agencies. Even strong men on boards find that their individual opinions are watered down in reaching board decisions. When freed from the work of management, boards are, however, extremely useful and necessary for consultation, discussion, and advice ; for representation of diverse views...