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Agency Commissioner

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Business Law

Definition

An agency commissioner is a public official who serves on the governing board or commission of a federal regulatory agency. They are responsible for overseeing and guiding the agency's policymaking, enforcement, and administrative functions within their designated area of jurisdiction.

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5 Must Know Facts For Your Next Test

  1. Agency commissioners are typically appointed by the President of the United States and confirmed by the Senate.
  2. Commissioners serve fixed, staggered terms, often ranging from 5-7 years, to provide continuity and independence in the agency's decision-making.
  3. Commissioners work collectively as a board or commission to set the agency's agenda, establish policies, and oversee the implementation of laws and regulations.
  4. Agency commissioners have the authority to issue rules, adjudicate cases, and impose civil penalties or other enforcement actions within their agency's jurisdiction.
  5. The structure and composition of agency commissions, such as the number of commissioners and partisan balance, are often specified by the enabling legislation that created the agency.

Review Questions

  • Explain the role and responsibilities of an agency commissioner within the context of a regulatory agency.
    • Agency commissioners are public officials who serve on the governing board or commission of a federal regulatory agency. They are responsible for overseeing and guiding the agency's policymaking, enforcement, and administrative functions within their designated area of jurisdiction. Commissioners work collectively as a board to set the agency's agenda, establish policies, and ensure the effective implementation of laws and regulations. They have the authority to issue rules, adjudicate cases, and impose enforcement actions within the agency's purview.
  • Describe the process by which agency commissioners are appointed and the significance of their fixed, staggered terms.
    • Agency commissioners are typically appointed by the President of the United States and confirmed by the Senate. They serve fixed, staggered terms, often ranging from 5-7 years, to provide continuity and independence in the agency's decision-making. The staggered terms ensure that not all commissioners are replaced at the same time, which helps to maintain the agency's institutional knowledge and continuity of operations, even as political administrations change.
  • Analyze the quasi-judicial powers granted to agency commissioners and how these powers shape the agency's regulatory authority.
    • Agency commissioners are granted quasi-judicial powers, which allow them to hold hearings, investigate, and make legally binding decisions, similar to the powers of a court. These powers enable the agency to adjudicate cases, impose civil penalties, and take other enforcement actions within their jurisdiction. The quasi-judicial authority of agency commissioners is a key aspect of the agency's regulatory power, as it allows them to directly enforce laws and regulations, rather than relying solely on the court system. This quasi-judicial function helps to ensure the effective and efficient implementation of the agency's regulatory mandate.

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