Law Ch 5

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ADMINISTRATIVE AGENCY

( 2 LEVELS & CREATED BY WHOM)

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FEDERAL LEVEL - CREATED BY POWER OF CONGRESS

STATE LEVEL - CREATED BY POWER OF STATE LEGISLATURE

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ADMINSTRATIVE AGENCIES ARE CREATED BY ___________ ON BOTH SIDES

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ENABLING LAWS

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ENABLING LAW

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STATUTES PASSED BY LEGISLATIVE BODIES THAT CREATE ADMIN AGENCIES

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ENABLING LAW GIVES AGENCIES

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POWER FUCTIONS AND
RESPONSIBILITIES

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AGENCIES ARE ALLOWED BY THE GOV TO CREATE ..

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A BODY WHICH CAN FOCUS ON A SPECIFIC SUBSTITIVE AREA

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FIRST INDEPENDENT ADMINISTRATIVE AGENCY FOR US

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INTERSTATE COMMERCE COMMISSION 1887

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INTERSTATE COMMERCE COMMISSION 1887 DEALT WITH

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INTERSTATE COMMERCE

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HOW MANY FED AGENCIES TO DATE?

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OVER 85

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CONSUMER PRODUCT SAFETY COMMISSION STATUTE

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IN ENABLES AN AGENCY TO DEVELOP AND ENACT RULES AND REGULATIONS THAT ARE RELIVANT TO ITS PURPOSE THAT PEOPLE AND BUSINESES ARE BOUND UNDER

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TWO TYPES OF AGENCIES IN FEDERAL LEVEL

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EXECUTIVE BRANCH AGENCIES
INDEPENDENT REGULATORY COMMISSIONS

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CRITERIA OF EXECUTIVE BRANCH AGENCIES

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1 PT OF EXECUTIVE BRANCH
2 UNDER CONTROL OF PRESIDENT
3 HEADED BY SINGLE PERSON
4 CONSIDERED SUB-PART OF ONE OF THE DEPARTMENTS OF THE PRESIDENT'S CABINET

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CRITERIA OF INDEPENDENT REGULATORY COMMISSIONS

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1 CREATED BY CONGRESS TO DEAL WITH SPECIFIC PROBLEMS
2 NOT UNDER CONTROL OF THE PRESIDENT
3 NOT HEADED BY ONE PERSON, RUN BY A BOARD OF PPL (5-7 PEOPLE)

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THREE MAIN FUCTIONS OF AGENCIES

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1 RULE MAKING
2 ENFORCEMENT
3 ADJUDICATION

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MOST OF THE RULES AND REGUALTIONS OF AGENCIES ARE

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PROHIBITING BEHAVIOR

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WHY ARE MOST OF THE RULES AND REGUALTIONS OF AGENCIES PROHIBITING BEHAVIOR?

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TO PROVIDE BUS AND PPL WITH PERAMETERS OF THE EXISTING LAWS.

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TYPES OF RULEMAKING

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FORMAL AND INFORMAL

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ADJUDICATION

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CAN HOLD VIOLATORS RESPONSIBLE FOR DOING SOMETHING WRONG

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FORMAL RULEMAKING IS WHEN

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AGENCY ESTABLISHES RULES AND REGULATIONS AFTER PUBLIC HEARING REGARDING SUCH RULES.

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PROCESS OF FORMAL RULEMAKING

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INVITE PPL AFFECTED BY POTENTIAL REGULATION AND THEN ALLOW THEM TO TESTIFY. THEN DECIDED IF REGULATION IS NEEDED

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INFORMAL RULEMAKING IS WHEN

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AG PUBLISHES REGULATION IN FEDERAL REGISTRY. THEN PEOPLE COMMENT ON IT IN WRITING (REST SAME AS FORMAL)

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AGENCY HAS POWER TO ENFORCE RULES AND REGULATIONS BY

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BRINGING LEGAL ACTION AGAINST PPL WHO HAVE VIOLATED LAW OF REGULATION THAT THAT PARTICULAR AGENCY IS RESPONSIBLE FOR ENFORCING

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STRAIGHTENING UP PROCESS

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AGENCY HAS DETECTED THAT SONETHING, SOMEONE IS IN VIOLATION OF RULE.

THEY WILL WARN PERSON AND GIVE THEM A PERIOD OF TIME

IF THEY FIX IT, NO LEGAL ACTION WITH BE TAKEN

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ADMINSTRATIVE LAW JUDGES

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HEARS CASES THAT HAVE TO DO WITH BEING IN VIOLATION OF RULES OR REGULATIONS OF AN AGENCY

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AFTER COMPLAINT IS FILED AND SERVED TO THE DEFENDANT BY AN AGENCY,

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THE DEFENDANT HAS THE OPTION TO REPSOND AND SETTLE THE CASE BY AGREEING TO MAKE NECCESSARY PROCEDURES TO FIX IT

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IF YOU WAIT TO FIX IT AFTER THE COMPLAINT IS FILED AND SERVED BY AN AGENCY

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THERE IS MORE TO FIX

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IS THERE A JURY IN AN ADMINISTRATIVE LAW CASE?

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NO

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ADMIN. LAW JUDGES DO WHAT..

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HEAR AND RENDER OPINION (BASICALLY LIKE A BENCH TRIAL)

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IS THERE AN APPEAL PROCESS AVAILIBLE FOR ADMIN LAW CASES?

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YES IN THE FEDERAL CIRCUIT COURT OF APPEALS

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OVERSIGHT HEARINGS

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CONGRESS REVIEWS THE PERFORMANCE OF AGENCY TO MAKE SURE THEY ARE DOING WHAT THEY ARE SUPPOSED TO BE DOING

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WHY DO WE NEED
OVERSIGHT HEARING

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BECAUSE AGENCIES ARE EXPENSIVE TO RUN AND ARE FOR PROTECTING. IF THEY ARE NOT DOING THEIR JOB THEY NEED TO BE CHANGED

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LEGAL PRINCIPLES THAT DETERMINE WHETHER THE COURT WILL ACCEPT APPEAL OF AGENCY AND HOW IT IWILL REVIEW IT

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1 EXHAUSTION OF ADMINISTRATIVE REMEDIES
2 STANDING
3 RIPENESS
4 SUBSTANTIAL EVIDENCE RULE MET
5 ABUSE OF DISCRETION

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EXHAUSTION OF ADMIN. REMEMDIES

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ALL POSSIBLE APPEALS PROCESS WITHIN AGENCY ITSELF HAS BEEN USED AND AGENCY HAS ISSUED FINAL DECISIONS

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STANDING IN CASE

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ONLY PERSON OR PARTY WHO HAVE BEEN DIRECTLY AFFECTED BY AN AGENCY ACTION CAN CHALLENGE ACTION

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RIPENESS

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CASE HAS TO BE RIPE AND READY FOR APPEAL BECAUSE FINAL AJUDICATION HAS BEEN HANDED DOWN BY AGENCY

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SUBSTANTIAL EVIDENCE RULE

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IF GOOD DEAL OF EVIDENCE TO SUPPORT AGENCY'S DECISION, COURT WILL SUPPORT FINAL DECISION OF AGENCY EVEN IF THE COURT DOESNT AGREE WITH DECISIONS

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ABUSE OF DISCRETION

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AGENCY DECISION (EVEN TO LEGAL MATTER) WILL NOT BE SET ASIDE BY COURT UNLESSAGENCY HAS ACTED IN AN "ARBITRARY OR CAPRICIOUS" MANNER

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PROPERTY RIGHT

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SOMETHING YOU HAVE THAT GOV WANT TO TAKE AWAY

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ADMINISTRATIVE PROCEDURES ACT

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EST. TO STANDERDIZE PROCEDURES USED BY FEDERAL AGENCY IN RULEMAKING AND AJUDICATION

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FREEDOM OF INFORMATION ACT

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SET FORTH IN ORDER TO PROVIDE PUBLIC WITH INFORMATION BEING HELD BY GOVERNMENT

(IF YOU WANT INFO, THEY NEED TO TELL YOU EVERYONE EXCEPT FOR THE 9 EXCEPTIONS)

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BASED ON FEDERAL LAW,HOW DO YOU REQUEST INFO FROM AN AGENCY?

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YOU NEED TO MAKE A REQUEST TO AGENCY WITH A REASONABLE DESCRIPTION ABOUT WHAT YOU WANT. AGENCY THEN HAS 10 DAYS TO TELL YOU COMPLY OR NOTIFY YOU THEY DENIED YOUR REQUEST

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IF AN AGENCY DENIES YOU A REQUEST UNDER THE FREEDOM OF INFORMATION ACT .. WHAT NEXT

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APPEALATE PROCESS

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9 EXCEPTIONS UNDER FREEDOM OF INFORMATION ACT:

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1. FOREIGN POLICY OR NATIONAL DEFENSE MATTERS
2. INTERNAL PERSONNEL PRACTICES AND RULES OF AN AGENCY
3. INFORMATION COVERED BY ANOTHER STATUTE THAT PROHIBITS DISCLOSURE
4. TRADE SECRETS AND COMMERCIAL OR FINANCIAL INFORMATION THAT ARE PRIVILEGED OR CONFIDENTIAL
5. INTER-AGENCY OR INTRA-AGENCY MEMORANDA OR LETTERS
6. PERSONAL OR MEDICAL FILES WHICH WOULD CONSTITUTE AN INVASION OF PRIVACY IF DISCLOSED
7. LAW ENFORCEMENT INVESTIGATORY RECORDS
8. REPORTS OF AGENCIES RESPONSIBLE FOR REGULATION AND SUPERVISION OF FINANCIAL INSTITUTIONS
9. GEOLOGICAL AND GEOPHYSICAL INFORMATION, DATA, AND MAPS CONCERNING WEELS/WATER.

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FEDERAL PRIVACY ACT

(OPP. EFFECT OF FREE INFO ACT)

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CERTAIN INFORMATION POSSESSED BY GOV MAY NOT BE RELEASED WITHOUT THE PRIOR CONSENT OF THE INDIVIDUAL TO WHOM IT PERTAINS

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FEDERAL PRIVACY ACT IS MEANT TO

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PROTECT PEOPLE FROM GOV SHARING THEIR INFORMATION

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SUNSHINE ACT

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NO MATTER WHAT LEVEL OF GOV, IF GOV IS GOING TO HAVE OFFICIAL GOV METTING, PUBLIC MUST BE ALLOWED TO ATTEND

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ONE WAY TO GET AROUND THE SUNSHINE ACT IS BY HOLDING ..

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WORKSESSIONS