Ch 4 BLaw

unit of the government

•Specialization
-Agencies collect the expertise of many specialists.
•Legislative gap-filling
-Congress, traditionally, creates broad statutes; agencies fill in the details through regulations or rules.

what creates the agency

Enabling act

some overlap w fed'l; create businesses, workers' comp, motor vehicle, unemployment, etc.

business licensing, zoning regulations, local ordinances (such as what kind of signs can you have, where to put garbage, etc.)

some have preemptive effect (has only effect at state, and local levels; they cant make regulations)

1. Executive
2. Independent

generally housed within an executive department; headed by a single officer at discretion of president (prez has absolute power to fire/hire head of agencies for wtvr they want)

fire/hire head in agencies for whatever they want

have several heads; dismissed for performance/wrongdoing (cannot terminate unless its malfesance)

president has absolute power to hire/fire head of agency in executive but not in independent.
Important if president seeks to remove agency head

CFR (Code of federal regulations)

1. Legislative
2. Interpretive
3. Procedural

prohibit/allow certain activities

explain existing statutes/regs

How the agency runs, including hearings

1. information gathering
2. licensing
3. negotiated enforcement
4. product recalls
5. Administrative fines

1. File complaint w/ agency
2. Respondent must answer
3. Agency conducts hearing and makes decision
4. possible appeal to court

•Perform Court-like Functions
1. Sends Out Complaint
2. Respondent Must Answer
3. Administrative Law Judges (ALJ) Hears Case Rules More Relaxed
-- ALJ Issues Decision
4.. Internal Appeals
5. Court Appeals

•1st Amendment: Speech
- Agencies Can Regulate "Indecent" Speech W/Fair Warning
•4th Amendment: Search
•- Warrantless Searches,
•5th Amendment: Self-incrimination
- Corporations Do Not Have It
•6th And 7th Amendments: - ALJ Is Enough As Long As Judicial Review Is Available

•Enabling Acts
- Amendments; Elimination
•Budget Allocation=decide how much money to give to an agency
•Freedom of Information Act (FOIA)=demanding info to be given to the requestor from a particular agency
-Generally, Any Person Has Right To Read Info Gathering By Federal Agencies-
-Somethings they can say no to: Trade Secrets; Financial; Medical; Personnel; National Security

* Judicial review of agencies actions is possible
* Questions of ripeness, mootness & standing
* Exhaust administrative agency remedies
* Agency decision not to act is non-reviewable
* Agency decisions and findings of fact reviewed under
a. Arbitrary & capricious
b. Unsubstantiated by evidence
*Agency findings of law
*if statute directly addresses issue than statute is followed, no court action
*if statute leaves question open, then if agencies finding of law are not arbitrary & capricious or manifestly contrary to statute, then they stand, even if another interpretation is possible.

•Appointment And Removal Of Agency Heads
- Executive - At Discretion Of President
- Independent - Dismissed For Performance
•Executive Orders
•Control over Department of Justice (DOJ) enforcement litigation
•Control Over Office of Management & Budget