Administrative Law 2022

Authorizes and encourages agencies to use mediation, conciliation, arbitration, and other techniques for the prompt and informal resolution of disputes, either before or after appeal, and for other purposes

-Agency will provide notice to those entitled to it of the time, place, and nature of the hearing; the legal authority and jurisdiction under which the hearing is to be held; and the matters of fact and law asserted.
-Opportunity to submit facts, arguments, offers of settlement, or proposed adjustments to the time of the hearing
-Will appoint an administrative law judge
-Hold a hearing that provides parties a reasonable time to submit evidence and opinions
-Must keep a record of the adjudication proceedings, carries the burden of proof, and its findings must have evidentiary support.
-The judge will issue an order based on the findings; the agency may issue sanctions

An agency must
-Give notice of the proposed rulemaking in accordance with § 553
-Appoint an administrative law judge
-Hold a hearing that provides parties a reasonable time to submit evidence and opinions
-The decision of the judge becomes the final rule

Informal rulemaking requires:
-Published notice of "the time, place, and nature of public rule making proceedings; reference to the legal authority under which the rule is proposed; and either the terms or substance of the proposed rule or a description of the subjects and issues involved" at least 30 days before the effective date
-An opportunity for interested persons to submit written comment
-The right for interested persons to petition for the issuance, amendment, or repeal of a rule.

Requires agencies to consider the impact of their policies and regulations on family stability, marital commitments, parental authority, autonomy, and economic well-being

Due Process, Right to Property, incorporated against the states
All persons born or naturalized in the U.S., and subject to the jurisdiction thereof, are citizens of are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Legislative Powers - The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Prohibits employment discrimination because of such individual's race, color, religion, sex, or national origin;

Provides basic protection to Federal whistleblowers.

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

legislative oversight - Requires agencies to submit all covered final or interim rules to Congress and the Government Accountability Office (GAO) before they can take effect. Enables Congress to permanently block agency rules.

No State shall...pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts

Requires the OMB to issue guidelines to ensure and maximize the quality, objectivity, utility, and integrity of information released by federal agencies.

Rewarded people who turned in cheats
Started in Civil War - cheaters are responsible for the claim plus a fine while whistleblowers received a portion of the damages

Promotes representativeness and transparency in the agencies' use of advisory committees in policymaking.
-Open meetings and reporting.
-Except in certain statutorily defined circumstances, all FACA committee meetings must be open to the public.
-Meetings must be announced in the Federal Register.
-Reports, transcripts, working papers, and other materials must be made available to the public.

Labor organizations and collective bargaining in the civil service (federal) are in the public interest.

Each employee shall have the right to form, join, or assist any labor organization/collective bargaining freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right.

Establishes protections against searches and seizures; creates right to privacy

Any person has a right, enforceable in court, to obtain access to federal agency records in a prompt manner.
Exemption 1: Information that is classified to protect national security.
Exemption 2: Information related solely to the internal personnel rules and practices of an agency.
Exemption 3: Information that is prohibited from disclosure by another federal law.

Freedom of press, religion, speech, assembly and petition.
Establishment clause stems from here

Every portion of every meeting of an agency shall be open to public observation; agencies must give notice of meetings and agendas no later than one week before the date of the meeting

Legislative oversight - Strengthens agency strategic planning and performance reporting and streamlines agency action with the Oval Office

Legislative oversight - Requires agencies to engage in strategic planning and annual performance measurement and reporting

Due Process Grand Jury, Double Jeopardy, Self Incrimination, Takings, nor be deprived of life, liberty, or property, without due process of law...

1946 - charged the standing committees in the House and Senate with exercising "continuous watchfulness" of the administrative execution of the laws under their jurisdictions (sec. 136)
1970 - strengthened the language above to require the committees to "review and study" agency implementation "on a continuing basis" (1970 sec. 118)

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Police powers - States may promote the public health, morals, or safety, and the general well-being of the community

"The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators."

This law also known as the Wagner Act. Established National Labor Relations Board; protected the rights of most workers in the private sector to organize labor unions, to engage in collective bargaining, and to take part in strikes
Enacted to keep the peace/prevent civil unrest, not to protect workers

Rule and regulation making for the State of Nebraska

General standards for [nonprofit] directors:
(1) In good faith
(2) With the care an ordinarily prudent person in a like position would exercise under similar circumstances; and
(3) In a manner he or she reasonably believes to be in the best interests of the corporation. (a.k.a. "obedience")

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof

Outlines the general process through which agencies may attempt to negotiate rules with parties whose interests will be directly affected by them.

Strengthens freedom of information by requiring agencies to designate chief information officers.
Establishes public liaisons to resolve disputes between requestors and agencies.
Promotes timeliness in processing information requests.

Seeks to reduce the intrusiveness and burdensome quality of agency efforts to collect information from individuals and organizations outside the federal government

Establishes a process by which the President may restrict and the public may obtain access to these records after the President leaves office; specifically, the PRA allows for public access to Presidential records through the Freedom of Information Act (FOIA) beginning five years after the end of the Administration, but allows the President to invoke as many as six specific restrictions to public access for up to twelve years.

Requires agencies to give the public notice of their systems of records by publication in the Federal Register.
Prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of twelve statutory exceptions.
Provides individuals with a means by which to seek access to and amendment of their records, and sets forth various agency record-keeping requirements.

A type of lawsuit that allows a private person, known as a relator, to prosecute a lawsuit for the government and receive a reward.
The False Claims Act authorizes qui tam lawsuits to assist the government in prosecuting cases to recover damages and penalties for fraud against the government. If the case is successful, the relator can earn a whistleblower reward.

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

Requires OSHA and the EPA to solicit information from small entities when writing rules

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Nebraska State Whistleblower Protections
The identity of the employee presenting the allegation shall not be disclosed by the Public Counsel, his or her investigators, employees, or agents, or the official without the employee's prior written consent.

This Constitution, and the laws and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

The president "shall take Care that the Laws be faithfully executed..."

Requires an analysis of the cost a regulation will impose on small business and must consider less burdensome alternatives

No political subdivision may deny or abridge the rights of citizens to vote on account of race or color

Protects federal workers who report or disclose evidence of illegal or improper government action