BLAW Chapter 23 Administrative Agencies

Most federal agencies are created by Congress through statutes called "enabling acts" which define the scope of an agency's authority. ... By enacting the Administrative Procedure Act (APA) in 1946, Congress established some means to oversee government agency action.

Specifies the name, purposes, functions, and powers of the agency being created

Include functions with legislature (Rule making), the executive branch (enforcement), and the courts (adjudication)

of Checks and Balances allows each branch of government to act as a check on the actions of thr other 2 branches.

Controls over agencies both through the president's powers to appoint federal officers and through the president's veto power.

Congress exercises authority over agency powers through legislation. Congress gives power to agency through enabling legislation and can take power away, or even abolish an agency altogether-through subsequent legislation.

Congress specifies certain procedural requirements in an agency's enabling legislation. In absence of any directives from congress concerning a particular agency procedure, APA applies.

A clear error of judgment; an action not based upon consideration of relevant factors and so is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law or if it was taken without observance of procedure required by law.

All federal agencies must follow specific procedural requirements as they go about fulfilling their three basic functions: rulemaking, enforcement, and adjudication

The formulation of new regulations, or rules.

Often a agency enforces its own rules.After a final rule is issued, agencies conduct investigations to monitor compliance with the rules in terms of enabling statute.

The resolution of the dispute through a hearing conducted by the agency.

1. Complaint
2. Answer
3. Hearing before Administrative Law Judge
4. Order of Administrative Law Judge
5. Appeal to governing board of agency
6. Final Agency Order
7. Appropriate Court for Review of Agency Decision
8. Court Order

To conduct investigations, many agencies gather information through on-site-inspections. These cover safety inspections of under ground coal mines, safety test for automobiles.

1. Ad Testificandum (To testify) is an ordinary subpoenas, order compelling a witness to appear at an agency hearing
2. Duces Tecum (Bring it with you) Any records or evidence hand them over to the agency.

An agency's search warrant is an order directing law enforcements officials to search for a specific place for a specific item and seize it for the agency.

Courts grant respect to the agency's judgement.

Issue if the courts should defer to an agency's the interpretation of a statue giving it authority to act. The company had no policies for pollution control. A environmental group challenged their legality.

Includes various provisions intended to ease the regulatory burden on small businesses.