Administrative Agencies: Legislative Delegation

Has the constitutional authority to enact a statue which creates an administrative agency to deal with a specifically defined problem

The constitution does not expressly provide the Congress may delegate its lawmaking power to an administrative agency

Provides that the legislative powers of the federal government shall be vested in a Congresss

Is a government authority, other than a court and other than a legislative body, which affects the rights of private parties through rule making or adjudication or both

May be called a commission board, authority, bureau, office, officer, administrator, department, corporation, administration, division or agency

Is limited to law concerning the powers, procedures, and judicial review of administrative agencies

Does not include the enormous mass of substantive law produced by the agencies, such as tax law, labor law, transportation law, public utility law and the like

Set standards for the broad classification of groups of people for their future conduct. It cannot be retroactive.

Organization of the agency...practice before the agency...procedures before the agency

These apply the rules authorized by statue

These interpret the statue of the agency's procedural rules

Assess the value of taxable property (local, stat and federal). They review declarations of taxable income. They issue regulations defining the categories of income that must be included in income declarations. They negotiate disputes over tax liability with particular taxpayers.

Grant, deny, suspend or revoke a great variety of licenses, permits, franchises, charters and patents -- from fishing licenses to franchises to operate huge public utilities

Establish the rates charged and supervise the services provided by transportation, communications and public utility companies

Serve as both judges and prosecutors in proceedings to determine whether laws prohibiting "unfair competition," "unfair labor practices," and racial discrimination in housing and employment have be violated. They also rule on alleged violations of laws setting standards for wages and hours and for the quality of foods, drugs and cosmetics.

Determine whether certain person should be excluded from government or defense-industry jobs and whether others should be deported from the country

Hear and rule on claims of employees who have suffered injuries while at work