BLAW Final- Administrative Law

almost a 4th branch of government; create laws, hold hearings, enforce laws, have power of 3 branches; use this power to regulate business
o Experts in their fields
o Ex. EEOC, EPA (Environmental Protection Agency), OSHA (Occupational Safety and Health), SEC (Securities and Exchange Commission)
o Exist at all levels of government
o Provide comprehensive regulatory schemes
o Highly politically influenced

created by administrative agencies which regulate many areas of our government, community, and businesses

significant cost of 'doing business'

Congress has the power to create agencies
specifies the name, purpose, functions, and powers of the agency being created.
Federal Administrative Agencies may only exercise the power that is given to them by Congress.

- EPA/others at cabinet level
• Highly influenced by the president
• Subject to authority of the president (can hire/fire)

IRS, SEC
• President influence less pronounced
• Officers serve for fixed terms
• Cannot be removed without just cause

act as legally binding as laws passed by Congress

- look at existing rules and interpret what the law says; eventually it can become a law that the agency passes

presidential veto power that agencies pass

• Section 8 of Constitution gives Congress power to make all laws necessary for executing its specified powers
• Congress has power to establish agencies that create rules for implementing those laws
• Congress ALWAYS has power to take or diminish or eliminate or expand agency power

judicial control; if a party wants to go to court, they must exhaust all administrative remedies before filing suit

judicial control; court will not review administrative decision unless people in suit have standing and actual controversy

In the absence of clear Congressional direction, all federal agencies must follow APA procedural requirements in notice, rulemaking, and adjudication

part of APA; APA gives courts power to hold agency's actions "arbitrary and capricious"
o Failure to provide rational explanation for decision
o Change in prior policy w/o explanation
o Failure to consider a relevant factor

part of APA rule making; publish the rule in Federal Register (comes out every day, publishes rules, etc.)

part of APA rule making; - a period of time (a couple months to around a year) that allows Congress, lobbyists to comment on the rule/express their view; respond to reflect prominent comments

part of APArule making; final is published in Federal Register; can alter rule based on comments, but cannot radically change—otherwise new notice and comment period required; rule is binding

exempt from APA, do not establish legal rights

• (1) Did Congress directly address the issue in a statue?
• (2) If the statute is silent, was agency interpretation "reasonable"?

includes the powers to:
Conduct Inspections.
Issue Subpoenas.
Limits on Agency Demands

requires someone to do something; must identify why the info is relevant and be specific in demands

show up and testify

provide documents

o Purpose of investigation
o Relevancy of information sought
o Specificity of demands

must have a warrant with just probably cause, though certain industries allow for warrantless searches (liquor, firearms)

like a trial before a judge; a mini-trial
o Negotiated settlements
o Formal complaints
o Role of the administrative law judge
o Hearing procedures
o Agency orders- judge's rendered decision

if public requests records, they must provide them; if they do not, public can take them to court

if you are going to have meetings, those meetings must be open to public and provide adequate notice; in some instances, agencies can hold private meetings

Requires an analysis of the cost a regulation will impose on small business and must consider less burdensome alternatives.

Allows Congress to review new federal regulations for at least sixty-days before they can take effect.