The Three Functions Of Administrative Law
What is Administrative Law? Administrative law is a body of law that was created by administrative agencies in order to carry out their duties and responsibilities (Miller 104). Administrative law is significant because it is the basis for administrative agencies and all of its powers and the administrative process.
Why is Administrative law important? Administrative law is the basis for administrative agencies and all of its powers. Administrative agencies were created by Congress (Miller 106). In order to create an administrative agency, Congress must pass an enabling legislation (Miller 106). These enabling legislations will specify the name, purpose, function, and the powers of the agency as well as general laws for …show more content…
Administrative agencies have three functions that are important when they are following the specific procedural requirements (Miller 110). The three functions of the administrative process are rulemaking, investigation, and adjudication (Miller 110). Rulemaking is the actions of the administrative agencies when the agencies are formally adopting new regulations or when they are amending old ones (Miller 110)., The APA’s notice-and-comment procedure must be used when the new rules are being adopted (Miller 111). There are three steps to the notice-and-comment procedure (Miller 111). The three steps are notice of the proposed rulemaking, a comment period, and the final rule (Miller 111). The agency must publish a notice of the proposed rulemaking proceedings on the Federal Register (Montana 1). The notice must state where and when the proceedings will be going to be held, the agency’s legal authority for the making of this rule, and the subject matter of this proposed rule (Miller 111). The comment period follows the publishing of the notice of proposed rulemaking, an agency must allow for ample time for any persons to comment this proposed rule (Miller 111). When the agency is done reviewing the comments, it will draft the final rule to be published on the Federal Register (Miller 111). The two function of the administrative process is investigation (Miller 112). The agency itself often enforces its own rules (Miller 112). After the final rule as been issued, the agency will conduct investigations to monitor the compliance of the rules (Miller 112). The investigation begins when the agency might receive a report of a possible violation of the rules (Miller 112). The investigation used inspections and tests, subpoenas, and search warrants during the investigation (Miller 112). The third function of the administrative process is adjudication