Blaw Ch. 5

Passes enabling statues which creates federal administrative agency. Statues are broadly worded and delegates power to agency.

Executive: housed with executive branch ( IRS, FBI, FDA) OR

Independent: not housed within the executive branch

Rulemaking: Agency exercises, legislative powers

Enforcement: Of enabling statues and regulations or rules

Adjudication of controversies:
Formal or informal

Can compel disclosure of information if legitimate purpose

Relevant information
Sufficiently specific
Not unreasonably burdensome
Not privileged information

Advising
negotiating
settling

Explain how agency construes governing statues or legislative rules
Exempt from APA
Not automatically binding on private parties butis persuasive

Fact finding
Apply legal rules
Make orders (fines penalties, Revoke or require licenses)
Hearing is done by an Administrative law judge ( Employee of agency)

Like a trial but never have a jury!!

-set forth Agency rules of conduct and operation methods
- Examples: business hours, who may appear before agency, hearing procedures

1. have standing
2. Have exhausted their administrative remedies

A review of questions of law includes determining whether the agency has : 1. Exceeded its authority. 2 properly interpreted the applicable law 3. violated any constitutional provision or 4. acted contrary to the procedural requirements of the law

One of the three different standards will be used when reviewing factual determination. (A) the arbitrary and capricious test. (B) the substantial evidence test (C) the unwarranted by the facts standard.