Exam 2- Chapter 17

Interstate Commerce Commission (1887)

An independent federal department or federally chartered corporation established by Congress and owned or underwritten by the U.S. government.

legislative enactment granting power to an administrative agency

Administrative law consists of legal rules that define authority & structure of an agency

executive agency responsible for enforcing laws pertaining to a certain industry, the agency writes guidelines for the industry, such as safety codes, and enforces them through methods such as inspection

A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency being created.

delegates to an agency the power to perform its regulatory purpose

1. Congress gives an agency power & authority through legislative delegation
2. Congressional statute delegates powers to the agency through an enabling statute
3. Agencies are created to have expertise and supervision over special problems about which Congress is concerned

-Same force as statutes of Congress
-Agency usually must give public notice of these rules and give parties opportunity for comment

-Statements issued by an agency to give guidance interpreting a substantive rule or a statute
-These rules may be created without public notice

-Rules that outline the method of agency operation
-Procedures used to deal with the public regarding enforcement, investigation & adjudicatory review

An official document, published every weekday, which lists the new and proposed regulations of executive departments and regulatory agencies.

(APA) governs the process by which federal agencies develop and issue regulations. It

1. Purposed rule drafted by agency
2. Internal Review
3. Rules approved for public review.
4. Rules published in public registrar.
5. After comment period. Agency reviews, and finalizes rule
6. Court of appeals reviews to ensure it's "fair"

Agencies have broad investigative powers
Monitoring and self-reporting by business—no right to withhold information based on 5thAmendment claim. Direct observation by agency
Agency obtains information through subpoena directing person receiving subpoena to appear and testify or to produce documents.

Possible sanctions-
Prohibitions, requirements, limitations-
Withholding of relief, penalties & fines-
Destruction, taking, seizing, withholding of property-
Assessment of damages, reimbursements, restitution, compensation, costs, charges or fees-
Requirement, revocation, suspension of license

- Jurisdiction is required.
- Action must be reviewable (Can be blocked by statue).
- Party must have standing.
- The action must have been determined final.
- Parties must exhaust agency appeals before entering court.

broadened judicial deference to agencies on questions of legal interpretation...
•Agencies are allowed to fill gaps left by Congress
•Unless agency decisions are "arbitrary, capricious or manifestly contrary" to statute, regulations will be given deference.
•Legislative delegation may be implicit or explicit - often implicit
•Court usually defers to administrative agency expertise.