is the body of law drawn from various sources, that defines and regulates federal regulatory agencies and limits the exercise of authority by these agencies
departments, non department agencies, and independent agencies are either headed by administrators or composed of commissioners and headed by the commission chair. These independent agencies are collectively referred to as
-Policy Making- (rule making)
-Investigation and Enforcement - (can investigate a business)
-Licensing and Permitting- (give businesses licenses)
-Distribution of Federal Statutory Benefits to the general public- (example social security distribution)
- Adjudication
Administrative agencies are apart of what branch of government?
executive
U.S Constitution
Administrative Procedures Act (APA)
Enabling Statutes
Common law
How does the U.S. constitution set limits for administrative agencies?
-Due process clause, separation of powers, non delegation doctrine, 4th amendment
- imposes specific procedural structures and due process requirements on administrative agencies duties' of rule making adjudication, and other agency functions,
- provides judicial review for agency actions.
How does common law affect administrative agencies?
procedures that are permitted under the APA. involves a procedural set down in the apa that is centered on the concepts of public comment, publication of the rule, and the opportunity to challenge in court
is used only when congress has specifically indicated the enabling statute that the agency rules must be made "on the record after a hearing" Is extensive and is rarely used for rulemaking.
formal rulemaking
- Enabling Statue
- Agency Study
- Notice: Publication of the Proposed Rule- published in the federal register "must include actual terms substance and description of the proposed rule."
- Public Comment
- Protection of Small Business Owners- Small business regulatory enforcement fairness act protects small businesses
- Revision or Final Publication: can either revise the rule or publish it (does not need a second comment)
- Judicial Challenges- people can challenge the rule if they feel they have been negatively impacted.
- must apply the arbitrary and capricious standard
- no clear errors in judgement
- give great deference to agencies, hard to overturn a rule
a daily publication distributed by the federal government (found in major libraries) primarily used to communicate proposed agency rules, final agency regulations, and other administrative agency or executive branch announcements such as executive orders.
prosecutorial
The president's power over administrative agencies appoint and fire comes from the
constitution: "power to appoint officers of the United States"
appointments clause
and direct power through executive orders
The president has _________ power over administrative agencies
- power of the purse- Constitutional power given to Congress to raise and spend money
- pass a new law to overrule administrative agencies
- advise and consent- the power for the senate to remove appointed officials in agencies.
the framework to analyze the validity of administrative agencies statutory interpretation and action
- Plain language meaning of the statute
- Apply the arbitrary and capricious standard to determine if the agency is lawful
- Substantial evidence
- Relied on factors that Congress had not intended to consider
- Failed to consider an important aspect of the problem
- offered an explanation for its decision that ran counter to the evidence before the agency
- offered an explanation that was implausible
Freedom of Information Act- people can view the government documents
Sunshine Act- agency meetings must be open to the public
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