Administrative Agency Quizlet

Delegate Legislative and Judicial Functions
Expertise in Developing an Area of Law
Protection
Regulation/Equalization of Competition Among Businesses
Necessity

use this so they can have some of the legislative function

while they are not part of the legislature, they act like it because they pass rules and regulations

courts cannot possibly hear all of the cases submitted to them, so let's delegate some of these cases for the administrative agencies to decide (administrative agency hearings as well) - experts are deciding the case following the doctrine of precedent

protect citizens from big bad business (what's to keep businesses from raising rates too high? Unsafe working conditions? Unsafe products being made?

true for utility, gas, electricity (what's to keep these from raising rates every year?)

we need someone to do this job (congress is not going to do it)

created by the legislative branch (pass the law called enabling act which creates the agency) defines scope of the agency

state of agency's purpose

Scope of Agency's Authority Established

Part of Executive Branch of Government

subcategories of the executive branch (but have powers of all three branches of government)

have force and effect of law (legislative)

have force and effect of law

give public a chance to comment

administrative agency hearings

called up to testify in their opinion of different issues (anyone in public can seek an advisory opinion) only binding on the person requesting it (executive part)

can audit taxes, can inspect your workplace, etc. can have announced or surprised investigations (executive part)

1. agency
2. burden of proof
3. procedural aspects
4. consent orders
5. remedies
6. appeals
7. equal access to justice act

(tilt 51% of the evidence, so it easier for agency to win those cases) each agency has their own procedural law (easiest form of burden of proof)

an out of court settlement. Cannot as the defendant enter into the consent order unless the agency offers it to you. "Yes, I will give them jurisdiction, but I won't agree that I did any wrongdoing in the past, but I will admit not to do what they are accusing me of in the future"

can fine you, ceased desist order: "Stop that action", corrective advertising

if you lose in the administrative agency hearing, you have to use all levels of appeal in the agency (cannot just go straight up) even in the IRS which has 9

small business, non-profit, or a qualifying individual, "if you can show that the agency was not substantially justified in bringing the case against you, you can recover attorney fees, court cost, etc."

executive vs legislative vs judicial. each branch of government has some control over the administrative process....like checks and balances. executive branch normally appoints the top officials of an agency with the advice and consent of legislative branch. etc

top of the agency: set policy for the agency after the president approves them from advice and consent from the senate (has to be political balance) you are not allowed to work for the industry the agency is regulating no conflict of interest

the fact that these members of the board are appointed due to expertise, they cannot hold positions in industry, but then once they are done serving they go find a job from the industry again

where the custodian of the official legal records is (keeps track of legal documents)

not employees of agency, outside members of industry the agency regulates, serve at advisory capacity

if agency gets sued in court, this represents the agency is court

controls the operations and functions of the agency to make sure they are properly executed (investigations, rule making function, issue advisory opinions)

like Human Resources: hiring, firing, budgeting, accounting, planning, public info, etc.

the guys who preside at the hearing, full time employees. Finders of fact and appliers of law

administrative law judges have this: they cannot be held personal liable even if the decision is unconstitutional

the rest of the employees of the agency have: full immunity except for if they were unconstitutional

A lot of their rules and regulations are written in technical/legal terms
Compliance
Adds to cost of doing business
Revolving door syndrome
Much too paperwork (takes too long and are slow)
Dealing with IRS: never have same employee dealing with case

legislative branch has power over the agency, might give more funding

quasi-legislative function
quasi-judicial function
advising function
investigatory function

NO JURIES!

A government body authorized to implement legislative directives by developing more precise and technical rules than possible in a legislative setting