LAW 231 Chapter 23

an agency which is part of the executive branch. Within an executive agency the executive branch may appoint officers, or remove them.

FDA, Nuclear regulatory administration, OSHA)

an agency that exists separate from the executive branch and is not dependent upon presidential appointment of officers. The term "independent" may not be interpreted as without political overtones, however, as the executive branch has a significant impact on independent agencies as well.

ICC, FTC (largest), SEC

SEC

ability to make own rules and regulations, notice requirement

ability to enforce the rules made (A.L.J)

is paid by the agency they supervise

the ability to regulate the day-to-day activities which govern the running of the agency as a business

jurisdiction to what an agency can do or can't do

if they can establish that they have suffered, directly, adverse effects as a result of agency action. (must show direct harm)

where do you go first when there is a problem (back to the agency since they make the rules and regulations)

A rule followed by courts in reviewing agency decisions. The court will follow the factual findings made by the ALJ and agency as long as there is "substantial evidence" to support the findings

used primarily with formal agency adjudication decisions.

when congress limits the number of regulations that an agency can enforce

(Simplify things but be EXTREMELY CAREFUL when doing it)

an agency may change the way it applies a certain regulatory principle. Before the change can be carried out, the agency must give fair notice of what conduct will be expected in the future.

preponderance of the evidence

1. Freedom of Speech
2. Public review
3. Due Process (APA)
4. Judicial review (rare)
5. Eminent domain (just compensation)

ask people's opinions (with freedom of speech)

The power of a government to take land from private citizens for public use on the payment of just compensation.

alternatives to the problem

1. Unconstitutional
2. APA Problems
3. No jurisdiction
4. Arbitrary, capricious, abusive

The arbitrary and capricious test consists of the examination of the agency record to determine whether the agency was acting on the basis of the facts presented.