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9 Cards in this Set
- Front
- Back
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Administrative Agencies
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• Administrative Agency: a federal or state government agency established to perform a specific function.
• Administrative agencies are authorized by legislative acts to make and enforce rules to administer and enforce the acts. • This helps the government to oversee the actual implementation of all the laws it enacts • Enabling Legislation: specifies the name, purpose, functions, and powers of the agency being created • ie: the Federal Trade Commission to regulate competition and deceptive trade |
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Agency Powers: Types of Agencies
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• Executive Agencies: include the cabinet departments of the executive branch, which were formed to assist the president in carrying out executive functions. Officers can be removed by the president.
• ie: Occupational Safety & Health Administration (OSHA) as a sub-agency under the department of labor • Independent Regulatory Agencies: agencies outside major executive departments. Officers serve fixed terms and can’t be removed without just cause. • ie: SEC & FTC, EPA, FCC |
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Agency Legislative, Executive, & Judicial Powers
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• Granted by Enabling Legislation & Delegation Doctrine
• Legislative Rule making • Executive Enforcement • Judicial Adjudication, judgment • Administrative agencies can make substantive rules, called legislative rules, that are as legally binding as any law congress passes • Delegation Doctrine: grants congress the power to establish administrative agencies that can create rules for implementing those laws • Administrative agencies are often referred to as the fourth branch of government or bureaucracy |
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Rulemaking, enforcement, and hearings before administrative law judge
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• Administrative Process is the administration of law by agencies through the 3 functions of rule making, enforcement, and adjudication
• Notice & Comment Rule Making: an administrative rule-making procedure that involves the publication of a proposed rule-making in the “Federal Register” (daily publication of the executive branch that prints government orders, rules, and regulations), a comment period for interested parties to express their views, and the publication of final rule in Register • Types of Rule Making (before an administrative law judge) • Formal – notice & comment, hearing with unlimited cross-examination, final rule in Register • Informal – notice & comment, no cross-examination, just written comments, final rule in Register • Hybrid – notice & comment, limited cross-examination, final rule • Negotiated – notice, interested parties invited, settlements • Administrative Law Judge (ALJ): one who presides over an administrative agency hearing and who has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations on fact. |
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Judicial Review
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judicial requirements before a court will hear a case
• Standing to sue (party must have stake in outcome) • Actual controversy? • Exerted all possible remedies? |
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Legislative Control
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• $, oversight, legislation funding
• Enabling legislation • Administrative Procedures Act: when congress does not state the particular procedures of an agency the APA applies |
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Executive oversight
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• President can appoint officers
• Set tone of legislation – especially through veto powers |
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General Public Oversight
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• Ways the public can get involved with agencies
• Government in the Sunshine Act 1976: all agency meetings must be open to public • Regulatory Flexibility Act: 1980 analysis by the agency to measure the cost that the rule would impose on small businesses and the consideration of less burdensome alternatives • Freedom of Information Act (FOIA): allows people to ask for info about a case • Code of Federal Regulations CFR: judicial is the most complex/powerful limiter to administration agencies and executive is the weakest limiter |
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Due Process issues in Administrative Law.
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• Outside judge ALJ gives a brand new review – De Novo
• This increases Due Process |
