BLAW 3430 CHAPTER 5 ADMINISTRATIVE LAW, BUREAUCRACY

government entities (other tthan courts and legislature) organized under the executive branch that have authority to affect the rights of private parties

Ex. foreign affairs, treasury, OSHA, EPA, FTC, FCC

They use administrative law

congress has power to make all laws be necessary and proper for carrying into execution for foregoing powers, and all other powers vested by this constitution in the government of the US

1. make rules
2. enforce laws
3. adjudicate controversies

Activities in which administrative agencies engage while carrying out rule making, enforcement, and adjudicative functions

federal legislation that places limitations on how agencies are run and contains very specific guidelines on rule making by agencies

process by which administrative agencies make rules of law

substantive rules issues by an administrative agency under the authority delegated to it by the legislature

require prior notice, an opportunity for participation and publication of final draft "notice and comment" three step process

1. agency must issue general notice of proposed rule, published in the federal register
2. agency must give people an opportunity to comment on the rulemaking
3. agency may revise propsed rule and repeat steps before finalizing

more complex and involves finding facts, applying legal rules, and formulating orders. requires opportunity for a hearing with testimony and cross examination

procedure that incorporates some requirements of formal rule making without being as complex

statements issued by an administrative agency indicating how it constitutes the statutes and rules itt administers

rules issued by an administrative agency establishing its organization