Ch. 44: Administrative Law

bodies of the city, country, state, or federal government that carry out specific regulatory duties

consists of the substantive and procedural rules created by these bodies

all three
-executive
-judicial
-legislative

the first federal administrative agency, was created by congress near the end of the 19th century as a means to better control the anticompetitive conduct of railroads

is a statute that specifies the name, functions, and specific powers of the new agency

-rule making
-investigation
-adjudication

procedural, interpretive, legislative

govern the internal operations of the agency

explain how the agency views the meaning of the statutes for which it has administrative responsibility

are policy expressions that have the effect of law

enabling statutes grant agencies with executive power to investigate violations of rules or statutes

TRUE

an order to appear and bring specified documents

judicial power to agencies to settle or adjudicate individual disputes that an agency may have with business or individuals

after investigation, the agency will hold an administrative hearing before this individual who has the power to issue consent orders and orders

the ALJ will urge parties to reach agreement under one of these

the ALJ has the authority to issue one of these, which is a binding decision after a hearing
-no jury

are generally located within the executive branch under one of the cabinet-level departments
-the administrative head of the agency is appointed by the president with advice of the U.S. Senate and may be discharged by the president for any reason

are governed by a board of commissioners, one of whom is the chair
-the president appoints the commissioners of independent agencies but cannot remove them except for cause

are a mix between executive and independent agencies

a major limitation on how agencies are run, before this agencies could decide on their own how to make rules, conduct investigations, and hold hearings / trials

publish rule in Federal register, allow for written comments and then publish the final rule after consideration of comments

is the official daily publication for rules, proposed rules, and notices of federal agencies and organizations as well as executive orders and other presidential documents

-publish in Federal register
-public hearing with cross-examination
-debate
-final rule will be published in Federal register

-publish in federal register
-submission of written comments
-informal hearing with limited cross-examination
-final rule is published in federal register

the APA allows an agency to decide whether public participation will be allowed in rule-making proceedings with regard to "military or foreign affairs" and "agency management or personnel"

do not create any new rights or duties bu tare merely detailed statements of the agency's interpretation of what actions a party must take to be considered in compliance with the existing law

are general statements about directions in which any agency intends to proceed with respect to its rule-making or enforcement activities - no binding impact on anyone

each concerned interest group and the agency itself sends a representative to bargaining sessions led by a mediator, after they reach a consensus they forward it to the agency then the agency interprets and publishes the final rule

the senate must approve nominees for agency heads, and congress has the power over agencies' budgets

Congress may create or eliminate agencies and amend enabling legislation congress reviews and may override agency rules

if a rule is subjected to judicial review the court will consider the following:
(1) the facts of the case: need substantial evidence
(2) the agency's interpretation of the rule
(3) the scope of the agency's authority

requires that federal agencies publish in the federal register places where public can obtain information on them

FOIA should be administered with a clear presumption: in the face of doubt, openness prevails
-don't withhold information just because it is legal to do so

requires that agency business meetings be open to the public when a quorum is present and if the agency is headed by a collegiate body
-records of closed meetings must be kept

consists of two or more persons the majority of whom are appointed by the president with the advice and consent of the Senate

a federal agency may not disclose information about an individual to other agencies or organizations without that individual's written consent

social; economic

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The freedom of information act, government sunshine act, privacy act of 1974 specify agencies' responsibilities regarding public access to information

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