Chapter 3 administrative law

Consists of substantive and procedural rules created by administrative agencies (fill in details of constitutions and statutes)

Any governmental body of the city, county, state or federal government

Presides over administrative hearing; may attempt to encourage parties to settle, but has power to enter binding decision

Body created by legislative branch to carry out specific duties usually involving applications, licenses, permits, available info, hearings, appeals, decision making

Legislative
Judicial
Executive

"Rule making", permits administrative agencies to issue rules that control individual and business behavior

Unofficial "fourth branch of government"

Interstate commerce commission was first

Regarding the internal operations of an agency

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

Policy expressions that have the effect of law

"Adjudication" delegate judicial power to settle individual disputes that an agency may have w businesses or individuals

"Investigative" grant power to agencies to investigate potential violations of rules and statutes

An order to appear at a particular time and place and provide testimony

An order to appear and bring specified documents

Executive
Independent
Hybrid

Generally within executive branch under a cabinet level department

Appointed by governor

Ex FDA FAA

Governed by board of commissioners appointed by president, w "advice and consent" of us senate

Serves usually longer than 4 years

Keyword commission

Have characteristics consistent with executive and independent agencies

Ex environmental protection agency

Federal legislation that places specific limitations on how agencies are run and contain specific guidelines on rule making by agencies

Notice and comment
Proposed rule published in federal registrar and open for publics comments and then published as final

Published 30 days before taken into effect

Decision whether final draft should be rewritten, if not it becomes law

When legislation requires a formal hearing process w a complete transcript, proposed rule in registrar, public hearing, publication or formal findings, publish final rule if adopted

Combines both. Proposed rule in registrar l, opportunity for public comments, then informal public hearing

Agency decides whether public participation allowed, with regards to military or foreign affairs, agency management or personnel, public property, loans, grants, benefits or contracts of an agency

Rules that don't create any new rights/duties,
a detailed statement of agency's interpretation of existing law and and steps party must take to comply with existing law

General statements about directions of agency regarding rule making or enforcement activities, no binding impact, don't directly affect legal rights/responsibilities

Mediated agreement (involving competing interest groups) on agency rule making