BULE 303 – Administrative Agencies

It is a federal or state government agency that has been established to perform a SPECIFIC task/function

The constitution
Congress
Delegation Doctrine

Name,
Purpose,
Functions,
Powers

Executive agencies,
and independent regulatory agencies

An administrative agency rule that carries the same weight as a congressionally enacted statute.

An AA rule that explains how an agency interprets and intends to apply the statutes it enforces

Based on the US constitution that allows congress to delegate some of its own power to administrative agencies to make and implement laws

The structure, made up of government bureaus and agencies, through which the government implements and enforces the laws.

Administration of justice through the judicial system

Administration of laws by the administrative agencies

Rulemaking, enforcement, and adjudication

These agencies are authorized to create new regulations, for the specific task and function, they are given this power through the enabling legislation

Notice of proposed rulemaking

AA's investigate the entities that they regulate, they do this during rulemaking process to obtain info. and after rules to make sure people are on top of it

Inspections and tests,
Subpoenas

A subpoena is a legal order that tells individuals to appear at a hearing or to hand over documents, etc.

A proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm with an agency violation.

One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact.

An official judge for an administrative agency

They are subject to review by courts, however these reviews are NOT automatic, parties seeking review must show a reviewable action, standing to sue, actual controversy, all other options tried

Wrong use of enabling legislation, interpretation of laws, violation of constitution, substantial evidence check? and just to check if they were acting accordingly

President can control AA through appointments of federal officers and through vetoes of legislation creating/affecting the powers of the AA

Congress can give power to an agency, take it away, increase/decrease finances, or completely abolish it

Congress passed several laws to make agencies more accountable through public scrutiny

You are able to access any and all information as a public citizen, just have to ask

Every portion of every meeting of an agency must be open to public, kinda like nothing in the shade, sun is shining on every meeting

Requires a flexibility analysis whenever new regulation will have a significant impact upon a substantial number of small entities

Allows congress 60 days to review new federal regulations before affect, objections allowed to be heard, small businesses recover their expenses for excessive fees

Parallel federal federal agencies to provide similar services on local level