1.3: Powers of an Administrative Agency

Express and implied
- No inherent

Limited jurisdiction but within its jurisdiction, its powers are broad

QL, QJ, Determinative (Everything not QJ/QL)

The agency process of formulating, amending, or repealing a rule

1. Sufficient standard
2. Completeness

Conditions:
1. Completeness
2. Sufficiency of standards
3. Due process and EPC
4. Publication and hearing
5. Statutory requirements
6. Reasonableness

Not inconsistent with Constitution or statutes
May not amend, alter, modify, supplant, enlarge/expand, restrict, or limit the statute
Basic law prevails over the rule/regulation
Not unfair or oppressive, partial or discriminatory, must not prohibit trade, not unreasonable

CABU

1. Supplementary (subordinate legislation)
2. Interpretative
3. Contingent (will take effect upon occurrence of condition, determines WON condition happened)
4. Procedural rules
5. Internal rules and regulations
6. Penal provisions
7. Presidential Ordinance Power

SICIPPP

Everything except internal and interpretative must be published with the ONAR

Legal authority: Tanada v Tuvera & Admin Code

If quasi legislative yes.
If QJ, notice and hearing

AC: Policies, rules, regulations, and procedures to supplement law

AO: Directed internally to particular offices/employees concerning matters such as assignments

A statute that fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden.

F: Bound to do
P: Means by which the function is fulfilled

1. Within authority
2. Reasonable
3. Follows procedure (Either published, or notice & hearing)

1. Law authorizes promulgation
2. Law fixes and defines penalty
3. Violation is punishable by the law itself
4. Published

Fact finding, investigative, licensing, and rate filling powers

Enabling (permitting)
Directing (correcting)
Dispensing (authority to exempt)
Summary (compel without court order)
Equitable

May investigate on its own

held in public, provided that harmful publicity is not used

AA may be authorized to enter to inspect
- law may confer upon the AA the authority to enter as them deem necessary and appropriate

- power to prescribe forms and methods of accounts, records, and memoranda
- power to inspect reports and records

No inherent power to do this
EXC:
1. Conferred by statute
2. Court process

GR: Hearing not necessary

A person that fails to attend, give testimony, and produce records at an investigative proceeding may be punished for contempt
- inherently with the court so must be statutorily granted

not strictly bound
- exclusionary rule does not apply to administrative investigations

not mandatory

QJ: Signifies the existence of power and authority to adjudicate
Det: Purpose is to evaluate evidence submitted to it, Not authorized to make any final pronouncement

The power to hear and determine questions of fact to which the legislative policy is to apply and to decide in accordance with the standards laid down by the law itself

1. Involves specific parties
2. Involves judicial function exercised by a person other than a judge
— AAs have the power to interpret and apply not only implementing rules they promulgated, but the laws entrusted to them for administration
3. Involves an exercise of judicial power conveniently styled quasi-judicial

QL: Future and changes existing conditions
QJ: Present or past facts

QL: Classes of persons
QJ: Specific persons

QL: Prior notice and hearing not essential
QJ: Due process

Adversary

To the extent that it relieves a litigant of an injustice not commensurate with his failure to comply

Reasonable method

15 days after receipt

Substantial evidence
- relevant evidence as reasonable mind might accept as adequate to support a conclusion

when the subject of inquiry are the contents of a document, no evidence is admissible other than the original document itself

AA should choose the side more believable than the other
- If equal, AA can choose

Applies to QJ determinations
NOT TO ADMINISTRATIVE PROCESSES (Ex: Disciplinary cases, labor proceedings)

Courts will not resolve a controversy involving a question which is within the jurisdiction of an administrative tribunal, especially where the question demands the exercise of sound administrative discretion requiring the special knowledge, experience and services of the administrative tribunal to determine technical and intricate matters of fact.

- Courts with concurrent jurisdiction

Where a remedy before an administrative agency is available against the action of an administrative board, body, or officer and can still be resorted to, relief must first be sought there before seeking judicial relief.

- Exclusive jurisdiction

Questioning QJ acts

AAs act as a body

Only if provided by law

GADALEJ

1. Remedy is permissive/not exclusive
2. Question of pure law
3. Estoppel
4. Observance would result in nullification of claim
5. Long-continued and unreasonable delay or official inaction
6. Special reasons demanding immediate judicial intervention
7. Amount is relatively small so that to require exhaustion is unreasonable
8. Constitutionality of statute under which the AA acts
9. Judicial questions
10. Irreparable damage or injury unless immediate court action taken
11. No other plain, speedy, or adequate remedy
12. Utter disregard of due process
13. No administration review is provided as a condition precedent
14. Land cases where the land is not part of the public domain
15. Possessory actions
16. Administrative officer has not rendered any decision or made any final finding of any sort
17. Respondent is a Department Secretary acting as an alter ego of the president
18. Plaintiff in the civil action for damages has no administrative remedy available
19. Strong public interest
20. Others

PLENUSS-C-JIPD-NLP-ND-CPO