LAW 199 (2)

First federal agencies were created by congress; end of 19th century. Administrative agencies created by legislative branch to carry out specific duties.

Make and enforce regulations; must all comply with federal statutory laws; manage land and resources

SES - managerial and supervisory; top positions in agencies

EX - appointments made by prez and congress

Created statutes called enabling legislation; also created through executive reorganiztion

Congress gives them authority to execute law; rule making (quasi legislative) authority; investigative authority; adjudicative authority (punishments)

Must follow statute; Rules set by Administrative Procedure Act (APA)

Informal Rule Making; agency posts proposed rule in Federal Register; public comments (optional hearings); final rule posted in Federal Register

Formal: post to Federal Register; public hearing - official transcript of hearing; publish findings of hearing; agency can enact rule or not

Military or foreign affair's; agency mgmt. or personnel; interpretive rules and general policy statements; where notice and comment would be impractical

Can establish water quality programs with Clean Water Act

Immediately bring action in federal court (under APA) or ignore regulation, then use the fact that the rule was invalid as a defense

1. Legislative delegation of authority is unconstitutional because it is too vague and does not properly limit agency authority

2. Agency rule violates constitution/public trust

3. Agency actions are beyond scope of authority

4. Agency didn't follow proper procedure

Courts give deference to agencies
- To statutory interpretation if statute is ambiguous (Chevron case)
- Technical deference

Each concerned interest group and the agency sends representatives to a bargaining session lead by a mediatior; agency may publish agreement and follow through with rule making

many qualified agency members come from the industry the yare tasked with regulating

Investigation; filing of complaint; filing of answer (may be a settlement); hearing before admin law judge; Initial order; appeal; final order; appeal to judicial

This is what requires the process of formal or informal rule making

Requires agency to publish in Federal Register where the public can get info, proposed rules, staff manuals, etc.

Meetings must be held in public; must keep records of closed meetings

Allows private citizens to sue government for damages caused by improper acts of federal administrative agencies

Limits power of admin agencies through:
- prez appoints head of agencies
- OBM recommends budget for agencies
- power of president to issue exec orders

Congress limits authority through:
- oversight, investigative
- terminate agency
- approve/disapprove budgets
- consent to presidents nomination for head of agencies
- Congressional Review Act; overturn admin agency rules
- Appropriation riders

- All agency action is subject to judicial review unless there is a statutory prohibition

EPA sets rules; states and tribes develop programs to implement federal laws