Ch. 37 administrative law

the body of law created by administrative agencies in order to carry out their duties and responsibilities

a federal or state government agency established to perform a specific function

exist at the national level within the Cabinet departments of the executive branch. subject to the authority of the president who has the power to appoint and remove officers of federal agencies

they serve at the federal level including the Federal Trade Commission. the president's power is less pronounced in regard to Independent agencies whose officers serve for fixed terms and cannot be removed without just cause

exhibit 37 - 1 page 852

a statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, and powers of the agency being created. federal administrative agencies can only exercise those powers that Congress has delegated to them in an enabling legislation

exhibit 37-2 page 853

the Federal Trade Commission act gives the FTC the following powers
1. Create rules and regulations for the purpose of carrying out the ACT.
2. Conduct investigations of business practices. 3. Obtain reports from Interstate corporations concerning their business practices.
4. Investigate possible violations of federal antitrust statutes. (the FTC shares this task with the antitrust division of the u. S. Department of Justice.)
5. publish findings of its investigations.
6. Recommend new legislation.
7. Hold trial-like hearings to resolve certain kinds of trade disputes that involve FTC regulations or federal antitrust laws.
composed of five members each of whom is appointed by the president with the advice and consent of the senate for a term of 7 years

(also known as substantive rules) an administrative agency rule that carries the same weight as a congressionally enacted statute

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

a job Trend based on the U. S. Constitution, which has been construed to allow Congress to delegate some of its power to administrative agencies to make an Implement laws

the organizational structure, consisting of government bureaus and agencies, through which the government implements and enforces the laws

case 37.1 page 854

the APA set Sport rules and regulations that govern the procedures administrative agencies follow in performing their duties

1. Failed to provide a rational explanation for its decision.
2. Changed its prior policy without justification. 3. Considered legally inappropriate factors.
4. Failed to consider a relevant Factor.
5. Rendered a decision plainly contrary to the evidence.

Spotlight on Fox television case 37.2 page 856

the procedure used by administrative agencies in the administration of law

the actions of administrative agencies when formally adopting new regulations or amending old ones

a procedure in agency rulemaking
the three steps are: requires notice of the proposed rulemaking opportunity for comment, and a published draft of the final rule

a daily publication of the executive branch that prints government orders, rules, and regulations
the notice states where and when the proceedings will be held the agency's legal Authority for making the rule and the terms or subject matter of the proposed rule

where federal administrative agencies compile their rules and regulations

there are two basic types of subpoenas.
1. Ad testificandum: (to testify) is an ordinary subpoena. It is a writ, or order, compelling a witness to appear at an agency hearing.
2. Duces Tectum: (bring it with you) compels an individual or organization to hand over books, papers, records, or documents to the agency.

an administrative agency may use either type of subpoena to obtain testimony or documents.

1. The purpose of the investigation. An investigation must have a legitimate purpose. Harassment is an example of an improper purpose. An agency may not issue an administrative subpoena to inspect business records if the motive is to harass or pressure the business into settling an unrelated matter.

2. the relevance of the information being sought. Information is relevant if it reveals that the law is being violated or if it Asher's the agency that the law is not being violated.

3. The specificity of the demand for Testimony or documents. A subpoena must, for example, adequately describe the material being sought.

4. the burden of the demand on the party from whom the information is sought. In responding to a request for information, a party must bear certain cost--for example, the cost of copying requested documents. A business generally is protected from revealing information such as Trade Secrets, however.

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
Technically the alj is not an independent judge and works for the agency Prosecuting the case. Nevertheless, the law requires an alj to be an unbiased adjudicator.

an agency's decision in a matter of their than a rulemaking. An administrative law judge's initial order becomes final unless it is appealed

the final decision of the administrative Agency on an issue

case 37.3 page 861

exhibit 37-3 page 863

the Court's decision in the chevron case created a new standard for courts to use when reviewing agency interpretations of law. The standard involves the following two questions
1. Did Congress directly address the issue in dispute in the statute? If so, the statutory language prevails.
2. If the statute is silent or ambiguous, is the agency's interpretation reasonable? If it is, a court should uphold the agency's interpretation, even if the court would have interpreted the law differently.

requires the federal government to disclose certain records to any person on request even if no reason is given for the request. it needs to only contain a reasonable description of the information sought

also known as the open meeting law
It requires that every portion of every meeting of an agency be open to public observation. There are certain exceptions closed meetings are permitted when one of the following occurs:
1. The subject of the meeting concerns accusing any person of a crime.
2. Open meetings would frustrate implementation of future agency actions.
Three. The subject of the meeting involves matters relating to Future litigation or rulemaking.

under this act, whenever a new regulation will have a significant impact upon a substantial number of small entities, the agency must conduct a regulatory flexibility analysis. The analysis must measure the cost that the rule would impose on small businesses and must consider less burdensome alternatives

allows Congress to review new federal regulations for least 60 days before they take effect. This period gives the opponents of the rules time to present their arguments to Congress.
also authorizes the courts to enforce the regulatory flexibility Act