LAW 101 Lecture Notes - Lecture 36: Environmental Protection
Document Summary
Law 101: punishment & enforcement powers of agencies, penalty: Agencies have been given power to impose penalty & issue orders binding on regulated party unless appeal is taken to court, which reverses the administrative decisions. Occupational safety & health act of 1970: provides assessment of civil penalties against employers who fail to end dangerous working conditions when ordered to do so by administrative agency: cease-&-desist order: Environmental protection statutes adopted by states commonly give state agency power to assess penalty for violating environmental protection regulations. All parties interacting w/ an agency must follow procedure specified by the law. No appeal to court is possible until agency has acted on party"s matter before it. As a matter of policy, parties are required to exhaust administrative remedies before going to court or taking up appeal. As long as agency is acting w/in scope of authority/jurisdiction, a party cannot appeal before agency has made its final decision.
