outside the direct authority of the President
-Officers serve for a fixed period and cannot be removed w/out just cause (SEC)
they have all 3 powers
-Rulemaking (Legislature)
-Enforcement (Executive)
-Adjudication (Judicial)
Judicial review; the APA provides judicial review of most agency decisions
-parties seeking judicial review MUST EXHAUST ALL ADMINISTRATIVE REMEDIES
-Failed to provide a rational decision for its verdict/outcome
-Changed its prior policy w/out justification
-Considered legally inappropriate factors
-Entirely failed to consider a relevant factor
-Rendered a decision plainly contrary to the evidence
agency must publish notice of the proposed rulemaking proceeding in the federal register
-notice states where and when the proceeding will be held, the agency's authority, and the terms or subject matter of the rule
-should be reflective of the comments received
-if substantially changed- the agency should start over
-If not- it is recorded in the Code of Regulation and have binding legal effect until potentially overturned in court
-issuing interpretative rules and guidance documents
-No effect of law- parties cannot be prosecuted for violating interpretive rules or guidance documents
agency generally enforce their own rules and regulations.
-Generally, begins with a report of violation
-agency may do an on-sight inspection; or
-safety test
still 4th Amendment protections (need PC)
-there are exceptions, no warrant needed with highly regulated industries (Coal, guns, alcohol)
they preside over the hearing and have the power to administer an oath, take testimony, rule on questions of evidence, and make determinations of fact.
-ALJ work for the agency but are unbiased
-No ex-parte communications
agencies generally exercise substantial discretion over the types of procedures that will be used.
-Formal hearings will closely resemble a trial
following the conclusion of the hearing, the ALJ renders an initial order or decision.
-Either party may appeal to the board or director of the agency
-if still unsatisfied, decision may be appealed to the federal appellate court
-If no appeal, the final ALJ decision becomes the final order
requires the federal government to disclose certain records to any person or entity on written request (no reason needed)
-only exception is national security and confidential or personal records
-Individuals can sue when denied access
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