BUL4422 chapter 44 (Administrative Law)

Informal term for administrative agencies because they have all 3 powers traditionally placed in 3 separate branches of government: Legislative, Judicial, Executive.

Consists of the substantive and procedural rules created by administrative agencies.

Bodies of the city, county, state or federal government that carry out specific regulatory duties

The law that agencies enforce. created by congress (federal) or state legislature (state)

example--> Congress created EPA (Environmental Protection Agency) to enforce federal environmental laws

Establishes the procedures that must be followed by an administrative agency while enforcing substantive laws.

example--> when the EPA has to follow procedural rules like a notice or hearing if law is broken which protects environment

Congress passes Enabling Legislation

specifies the name, function, and specific powers of the new agency. Grants powers for serving the "public interest, convenience, and necessity".

1) Rule making

2) Investigation

3) Adjudication

Agencies may issue rules that control individual or business behavior. There are 3 types of rules:

1) Procedural rules-
govern the internal operations of the agency

2) Interpretive rules-
explain how the agency views the meaning of the statutes for which it has administrative responsibility

3) Legislative rules-
policy expressions that have the effect of law

Power to investigate potential violations of rules or statutes. They may issue:

1) Subpoena-
an order to appear at a particular time and place to provide testimony

2) Subpoena duces tecum-
an order to appear and bring specified documents

Power to settle or adjudicate individual disputes that an agency may have with individuals or businesses.

After investigation, the agency will hold a hearing before an Administrative Law Judge (ALJ).

The ALJ may render an Order: a binding decision

Administrative Law Judge

1) Executive agencies
2) Independent agencies

- Generally located within the executive branch (AKA cabinet-level agencies)

- Head is appointed by the president with the advice and consent of congress and may be discharged by the president at any time for any reason

- Make rules covering a broad spectrum of industries and activities that focus on "social regulation"

- Not located within any department

- Governed by a board of commissioners, one of whom is the chair.

- Commissioners are appointed by the president with the advice and consent of congress and serve fixed terms. they may only be discharged if there is cause

- Have narrower authority over many aspects of of a particular industry that focus on things such as "economic regulation"

Agencies could decide on their own how to make rules, conduct investigations, and hold hearing/trials.

- created by congress in 1946
- under the APA, specific guidelines govern rule making by agencies.
- 2 types of rule making are: informal and formal

official daily publication for rules, proposed rules, and notices of federal agencies & organizations

- most common type of rule making because it is more efficient in terms of time and cost (no formal hearing or formal record is needed)

- The proposed rule is published in the federal register with opportunity for public comment

- all rules must be enacted as part of a formal hearing process that includes a complete transcript.
- It begins with publication of a notice in the federal register and a public hearing with testimony and cross-examination.
- the agency makes and publishes formal findings. if the regulation is adopted, the final rule is published in the federal register