Chapter 6: Administrative Law & Regulatory Agencies (Study Guide)

Federal agencies that advise the president and are responsible for enforcing specific administrative statutes enacted by Congress

Ex: The Departments of State, Defense, Homeland Security, commerce, Agriculture, and Education

The Departments of:
1) State
2) Defense
3) homeland Security
4) Commerce
5) Agriculture
6) Education

The president appoints the cabinet members subject to confirmation by a majority vote in the Senate

Created by the U.S. Congress

Federal agencies that have broad regulatory powers over key areas of the national economy

Ex: SEC which regulates the issuance and trading of securities, FTC which enforces federal antitrust and consumer protection laws

Administrative Agencies only have the legislative, executive, and judicial powers that are delegated to it

Adopt a rule (legislative power), prosecute a violation of the statute or the rule (executive power), & adjudicate the dispute (judicial power)

Delegated legislative powers consist of:
1) Substantive rule making
2) Interpretative rule making
3) Issue of statements of policy
4) Granting licenses

A doctrine that says when an administrative agency is created, it is delegated certain powers; the agency can use only the legislative, executive, and judicial powers that are delegated to it

A rule issued by an administrative agency that had the force of law and to which covered person and businesses must adhere; violators may be help criminally or civilly liable

1) Publish a general notice in the Federal register
Notice must include:
a) Time, Place, & Nature of the rule making proceeding
b) The legal authroity pursuant to which the rule is proposed
c) The terms/substance of the proposed rule or a description of the subject and issues involved
2) Give interested persons and opportunity to participate in the rule making process. May involve oral hearings
3) Review all written and oral comments. Called Notice and Rule making (informal rule making)
4) Conduct trial like hearing at which the parties may present evidence, engage in cross examination, present rebuttal evidence and such (formal rule making)

A rule issued by an administrative agency that interprets existing statutory language

Does not establish a new law & public notice nor public participation are required

A statement issued by an administrative agency that announces a proposed course of action that the agency intends to follow in the future

Does not establish new law, neither public notice nor participation is required

Review all written and oral comments and then the agency announces its final rule making in the matter

Agency must conduct a trial like hearing at which the parties may present evidence, engage in cross examinations, present rebuttal evidence, and the such

Permission that an administrative agency grants to persons or businesses to conduct certain types of commerce or professions

Authority of an administrative agency to adjudicate cases in an administrative proceeding; must comply with Due Process Clause

Due process that requires the respondent to be given proper and timely notice of the allegations or charges against him/her and an opportunity to present evidence on the matter

Power that administrative agencies are granted, such as to investigate and prosecute possible violations of statutes, administrative rules, and administrative orders

When an agency issues an administrative subpoena to search the business premises

Only happens if requested information isn't supplied voluntarily

An order that directs the subject of the subpoena to disclosed the requested information

Party appealing the decision of an administrative agency

A federal act that protects persons from harassment by federal administrative agencies

A federal act that opens most federal administrative agency meetings to the public

1) Where a person is accused of a crime
2) Concerning an agency's issuance of a subpoena
3) where the attendance of the public would significantly frustrate the implementation of a proposed agency action
4) concerning day to day operations

These decisions to close the meetings to public are subject to judicial review in the proper U.S. District Court