Ch. 40 – Administrative Law

ROLE) Administer, or manage law in gov't regulation. Implement statute provisions through enforcement. Most of all, impact business community than economic, political, or judicial factors

PURPOSE) Guard the public, possess proficiency, provide more certainty, and provide info to business community and public

CONCEPTUAL FRAMEWORK) Historical and development aspects in enabling statutes
***APA (Administrative Protection Act): Uniformity and fairness to those dealing with federal gov't agencies

AGENCY TYPES & FUNCTIONS) Executive (WH seat) agencies and Independent agencies (no executive seat). EX: U.S. Department of Labor labeled as independent in NLRA (1930)
Rulemaking, enforcement, and adjudication (rule making, enforce it, and catch those who violate it)

Internal vs. Procedural vs. Interpretive vs. Legislative are types of rules agencies can enforce
Internal) Policies and procedures for operations
Procedural) How to interact with agency
Interpretive) Guidelines for how to tell others to behave with other rules
Legislative) Force and effect of law

**Formal rules include formal hearing (preferred), informal the opposite, and hybrid rulemaking a mix

Power to investigate without need of probable cause (do whatever the f**k they want to inspect, "routine inspection", get subpoenas if you don't let inspector inside; aka call your lawyer to limit them)

Constitutional protections
(corp. gets little protection, no right to jury, no 5th amendment)

-- Adjudication of disputes within agency (like arbitration manner with different forms of formality)

-- Formal Adjudication (APA providing judicial review of administrative agency decisions by EXHAUSTING REMEDIES and HAVE STANDING TO CHALLENGE ACTION)

Reasons for questioning decisions of agency: authority exceeded, incorrect statutory interpretation, procedural errors, constitutional impediments, and arbitrary decision

- Exceed authority = agency has too much power
- Incorrect statutory interpret. = misinterpret law
- Procedural error = fail to follow procedures
- Const. impediments = constitutional rights were infringed upon
- Arbitrary and capricious decision = no legal/factual grounds for agency decision

***Courts generally allow agencies significant discretion (see them as experts but can also limit them)
***Courts recognize three tests
1. De Novo Test = Court start from zero to 100
2. Substantial Evidence Test = See if there is enough evidence for claim being legit
3. Arbitrary/Capricious Test = Catch extremely bad decisions made

**Freedom of Information Act (1966) - Public agency must tell you anything within 10 days (2 yrs)
**Privacy Act (1974) - Cannot disclose employee private info like SS
**Sunshine Act (1976) - Many state level laws are set on timers, agency meetings are public
**Openness Promotes Effectiveness in our National Gov't Act (2007) - Promote effectiveness in gov't