primary functions of administrative agencies
- congress creates adminsitirve agencies to enforce a law or assigns an existing agency to the law. this is called enabling legislation
- adminsiatraitve agencies have a wide range of functions which involve powers possessions by all 3 levels of the government:
1. rule making (congressional
2. rule enforcement (executive)
3. decisions on industry appeals (judicial)
sources of adminsitrive law
- US constitution
- administrative procedure act (APA)
- enabling stautes
- common law
these powers include policymaking through:
- rule making
- Enforcement/licensing
- adjudication
- the rule making process is set out in the APA and is supplemented by the enabling states passed by congress
- rules must be published in the federal register a government publication which contains this type of boring information
- comment period is allowed where business affected by the rules comment; ask for changes; complain
- final rule is published; no further comments are required
- hearing where government and a compelling private party each present evidence before an admrnsitrivie law judge employed by the agency to hear cases
- the losing party has a right to appeal to the admin strive head of the agency
- an adverse decision form the head of the agency may be challenged in a federal trial court
executive branch: although subject to confirmation by the senate, the president has exclusive right to nominate principle offers such as cabinet members or commissioners of independent
congres: congress may exercise control through the power of the purse or laws that restricts an agency's authority
judicial: review decision to ensure not arbitrary or capricious
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