LS 246 Chapter 5:

Rules, orders, and decisions of federal, states, and local government agencies established to perform specific functions

comprehensive regulatory scheme/comprehensive burden

-Congress passes enabling legislation specifying the name, purposes, functions, and powers of the agency being created.
-An enabling statute defines the agency's legal authority

Executive: President has great power
Independent: less presidential power; officers serve fixed terms

A doctrine based on the U.S. Constitution, which has been construed to allow Congress to delegate some of its power to administrative agencies to make and implement laws.

Executive Controls: Appoint, remove, veto
Legislative Controls: give/ take away power, abolish, fund/defund, abolish, freeze regulations

courts review agency actions; party seeking to review must demonstrate standing to sue, must be actual controversy at issue, and must have exhausted all possible administrative remedies (Exhaustion doctrine)

All federal agencies must disclose their rule-making process and publish all regulations at least 30 days in advance of their effective date.

1. Agency failed to provide rational explanation for its decision.
2. Agency changed its prior policy without justification.
3. Agency considered legally inappropriate factors.
4. Agency failed to consider relevant factors.
5. Agency rendered decision plainly contrary to evidence.

required for agency to change policy before issuing fines; FCC V. Fox Television Stations, Inc. (2009)

The procedure used by administrative agencies in fulfilling their three basic functions: rulemaking, enforcement, and adjudication.

the formulation of new regulations, or rules

1. Nature of proposed rulemaking
2. Comment period
3. Final rule published in federal register (response to significant comments); if no radical changes, then entered into Code of Federal Regulations

1. Conduct inspections and tests
2. Issue subpoenas
3. Ad testificandum- to testify; Duces tecum: hand over documents

1. Legit purpose (not harassment)
2. Relevance of information
3. Specificity of demand
4. Burden on party (ies)

can be used if party refuses access

highly regulated area, areas with statutory permission, or emergencies

the resolution of the dispute through a hearing conducted by the agency

hears case when agency charges party with violation; works for agency

presides over hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact (unbiased).

are most common

when no settlement (often accompanied by press release)

1. Hearing procedures vary from agency to agency; resembles trial
2. Agency orders
3. Initial (no appeal) Final (decision on appeal)

agencies have great discretion to interpret their own agency rules

courts should defer to to agencies in matters of fact AND law

1. Did Congress directly address issue in dispute? If so, the statutory language prevails.
2. If statute is silent or ambiguous, is agency's interpretation "reasonable"?

Agencies must meet formal legal standards for notice-and-comment rulemaking.

Federal legislation makes agencies more accountable through public scrutiny

a federal statute that requires public agencies to provide certain types of information requested by citizens; exceptions where proprietary info. could be revealed

legislation that increases government transparency by requiring that meetings involving the bureaucracy must be open to public observation; adequate notice of meetings must be given to the public

Concern over the effects of regulation on the efficiency of businesses. Requires an analysis of the cost a regulation will impose on small business and must consider less burdensome alternatives.

Allows Congress to review new federal regulations for at least sixty-days before they can take effect; also authorizes courts to enforce RFA