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Administrative Law
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•Consists of substantive and procedural rules created by administrative agencies
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Administrative Agency
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•Any governmental body of the city, county, state or federal government
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Administrative Law Judge
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•Presides over administrative hearing; may attempt to encourage parties to settle, but has power to enter binding decision
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Enabling Legislation
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•A statute that specifies the name, functions, and specific powers of an administrative agency. The statute also grants the agency broad powers that include rule making, investigation of issues under its powers and adjudication of cases arising from its powers and rules.
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Administrative Law Judge (ALJ!)
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•An administrative law judge (ALJ) is a person who presides over an administrative agency hearing. ALJ's issue binding orders that may be appealed to the federal court system. ALJ's frequently hear cases for the Federal Trade Commission, the Social Security Administration and other federal agencies.
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Types of Administrative Agencies
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-Executive agency
-Independent agency
-Hybrid agency
-Independent agency
-Hybrid agency
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Executive agency
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•Generally within executive branch of government, under a "cabinet-level" department; also referred to as "cabinet-level" agency
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Independent agency
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•Governed by board of commissioners appointed by president, with "advice and consent" of U.S. Senate
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Hybrid agency
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•Characteristics of an executive and independent agency
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ex of executive agencies
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•FDIC - Federal Deposit Insurance Corporation
•EPA - Environmental Protection Administration
•SSA - Social Security Administration
•FDA - Food and Drug Administration
•SBA - Small Business Administration
•EPA - Environmental Protection Administration
•SSA - Social Security Administration
•FDA - Food and Drug Administration
•SBA - Small Business Administration
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ex of Independent Agencies
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•CPSC - Consumer Product Safety Administration
•EEOC - Equal Employment Opportunity Commission
•NLRB - National Labor Relations Board
•FTC - Federal Trade Commission
•EEOC - Equal Employment Opportunity Commission
•NLRB - National Labor Relations Board
•FTC - Federal Trade Commission
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Administrative Procedures Act (APA)
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•The APA is a federal statute that places limits on how agencies operate and how they may adopt rules.
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•Under the APA rule making may be formal, informal or hybrid.
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•Under the APA rule making may be formal, informal or hybrid.
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Stages of Informal Rule-Making
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•Proposed rule published in Federal Register
•Interested parties can submit written comments in response to proposed rule
•Agency publishes final rule with effective date in Federal Register
•Interested parties can submit written comments in response to proposed rule
•Agency publishes final rule with effective date in Federal Register
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Interpretive Rules
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•Rules that do not create any new rights/duties; instead, a detailed statement of agency's interpretation of existing law, and the steps a party must take to comply with existing law
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Policy Statements
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General statements about directions of agency regarding rule-making or enforcement activities; no binding impact; do not directly affect legal rights/responsibilities
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Regulated Negotiation ("Reg-neg")
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Mediated agreement (involving competing interest groups) on agency rule-making
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Limitations on Agency Powers
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•Political
•Statutory
•Judicial
•Informational
•Statutory
•Judicial
•Informational
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Political Limitations on Agency Powers
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•United States Senate must approve agency heads
•United States Congress has power over agency budgets
•United States Congress has power over agency budgets
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Statutory Limitations on Agency Powers
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United States Congress by enacting statutes may:
•Create or eliminate agencies
•Amend enabling legislation
•Override agency rules
•Create or eliminate agencies
•Amend enabling legislation
•Override agency rules
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Judicial Limitations on Agency Powers
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•Interested parties may challenge administrative rules in court
•Court may review agency's findings of facts, interpretation of rules, and scope of agency's power in making rules
•Court may review agency's findings of facts, interpretation of rules, and scope of agency's power in making rules
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Informational Limitations on Agency Powers
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Agencies' responsibilities regarding public access to information governed by:
•Freedom of Information Act
•Government in Sunshine Act
•Privacy Act of 1974
•Freedom of Information Act
•Government in Sunshine Act
•Privacy Act of 1974
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Freedom of Information Act (FOIA)
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•Requires that federal agencies publish in Federal Register places where public can access agency information
•Any individual or business may make a FOIA request
•Information may be obtained regarding how agency acquires and spends its money
•Statistics and other information collected by agency on particular topics available
•Citizens entitled to any records government has about them
•Exemptions:
•National Security
•Internal Agency Matters (Example: Personnel Issues)
•Criminal Investigations
•Financial Institutions
•Individual's private life
•Any individual or business may make a FOIA request
•Information may be obtained regarding how agency acquires and spends its money
•Statistics and other information collected by agency on particular topics available
•Citizens entitled to any records government has about them
•Exemptions:
•National Security
•Internal Agency Matters (Example: Personnel Issues)
•Criminal Investigations
•Financial Institutions
•Individual's private life
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Government in Sunshine Act
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•Requires that agency meetings be open to public if agency headed by collegiate body (i.e., two or more persons, with majority appointed by president upon "advice and consent" of Senate)
•Such agencies must keep records of closed meetings
•Such agencies must keep records of closed meetings
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Privacy Act of 1974
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•Federal agency may not disclose information about an individual to other agencies/organizations without that individual's written consent
Guarantees right to:
•See records about oneself
•Amend non-exempt record if inaccurate, irrelevant, untimely, or incomplete
•Sue government for violations of statute
Guarantees right to:
•See records about oneself
•Amend non-exempt record if inaccurate, irrelevant, untimely, or incomplete
•Sue government for violations of statute
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