BE325 ch5

The body of law created by administrative agencies in order to carry out their duties and responsibilities

A federal or State government agency established to perform a specific function
NOTE: only has power that congress has granted them

President appoints and removes officers.
Ex: food and drug admin. is within the department of health and human services

Federal agencies, fixed terms, president has less power over them

A statute enacted by congress that authorizes the creation of an administrative agency and specifies the name, composition, and powers of the agency being created
NOTE: congress creates federal administrative agencies

An administrative agency rule that carries the same weight as a congressionally enacted statute (LEGALLY BINDING)

A statement of opinion issued by the agency explaining how it interprets and intends to apply the statutes it enforces (NOT legally binding) more like guidelines

Allows congress to give some of its power to administrative agencies to make and implement laws

The organizational structure, consisting of government agencies, through which the government implements and enforces laws. 3 branches have powers over agencies

president appoints federal officers and has veto power

Congress gives agencies their power and can make an agency or even abolish one

review of agency actions (party must have gone through complaint, hearing and agency order before seeking court review)

1. Failed to provide a rational explanation for its decision
2. Changed its prior policy without justification
3. Considered legally inappropriate factors
4. Failed to consider a relevant factor
5. Rendered a decision plainly contrary to the evidence

a bunch of rules when congress doesn't have power over something?????? no clue

The Procedure used by administrative agencies in administering the law

The actions of administrative agencies when formally adopting new regulations or amending old ones (LEGALLY BINDING)!

3 steps:
1. notice of the proposed rule
2. comment period
3. final Rule

agency must publish a notice of proposed rule in the FEDERAL REGISTER stating when and where the proceedings will be held, agency's legal authority, and terms of proposed rule

agency must allow ample time for persons to comment on the rule. gives interested parties an opportunity to express their views.
NOTE: agency must respond to significant comments that bear directly on proposed rule

Draft final rule and publish in federal register
Note: legally binding UNLESS court overturns it

pretty standard to gather info. business usually complies to maintain good relationship with agency. if business refuses, subpoenas may be issued

2 types:
1. Subpoena ad testificandum- ordinary subpoena:appear in court
2. Subpoena duces tecum- tells individual to hand over books, files, paperwork

1. purpose of it
2. relevance of sought information
3. must adequately describe sought material
4. burden of demand (business is protected of revealing trade secrets)

Must be looking for specific thing
not required for highly regulated industries: firearms, liquor, hazardous operations

The proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or firm with an agency violation (After investigation has been conducted)

may be informal conference
Appealing because its quicker and cheaper than going to court, and it makes firms seem more cooperative

If settlement can't be reached, formal complaint made by agency

one who presides over administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact

vary widely depending on agency. formal hearing largely resemble a trial.
NOTE: MUCH MORE evidence presented at administrative hearing, including hearsay

following a hearing, ALJ renders decision (initial order) on the case. Either party can appeal. if a factory is not satisfied with hearing, can appeal all the way to federal court of appeals

if no party appeals, ALJ's decision becomes the FINAL ORDER

1.Did congress directly address the issue in dispute in the statute? if so, the statutory language prevails
2. if the state statute is silent or ambiguous, is agency's interpretation "reasonable"?

laws passed by congress to hold agencies more accountable through public scrutiny. they include:
1.Freedom of information act 1966
2.Government in the sunshine act 1976
3. Regulatory flexibility act
4. Small business regulatory enforcement fairness act

requires the federal government to disclose certain records to any person upon request, even if no reason is given. Their are certain exemptions

every portion of every agency meeting is made open to public observation

anytime a new regulation will have have "significant impact upon a substantial number of small entities" agency must analyze cost-benefit and look at alternative options

gives congress at least 60 days before federal regulation takes effect. Authorizes courts to enforce regulatory flexibility act. reduces economic impact on small businesses