MGMT 311- Chapter 23

congress/state legislature adopts a general statute and leaves implementation to this; creates rules and regulations

specifies name, purpose, functions, and powers of the agency being created

assist president in carrying out executive functions; includes cabinet departments of executive branch

outside the major executive departments; the president has less control over them

rulemaking, enforcement, and adjudication

congress is delegating its duties to administrative agencies

appoints officers, can veto in congress the making of an agency

enabling legislation power

review agency actions

the party must exhaust all administrative remedies before seeking court review

general statute that details the procedural requirements of all federal agencies, unless specific directive from congress

The APA gives courts power to hold agencies' actions "arbitrary and capricious"; factors considered: failed to prove rational explanation for decision, changed prior policy without justification, considered legally inappropriate favors, entirely failed to consider a relevant factor, rendered a decision plainly contrary to the evidence

the APA requires that agencies must give notice to those affected by its regulations

notice-comment-rulemaking

every new rule goes in the federal register for the public to see

time period that people can comment on the new rule before going into effect

rule is finalized and published in the code of federal regulations- going into effect

declare policy but does not effect legal rights or obligations, exempt from APA because doesn't establish legal rights

advise public on agencies' legal and policy positions; exempt from APA because doesn't establish legal rights

you consent to it

ordering a witness to appear and testify at an agency hearing

ordering to hand over books, papers, records, or documents to the agency

a court will look at the purpose of the investigation, relevance of information being sought, specificity of the demand, and burden of demand on the party with information

don't need for highly regulated industries

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

very common, easier for both parties

like the pleading of a civil case, if they can't reach a settlement

quasi-judicial, works for the agency but is required to be unbiased

administrative law judge decision, can be appealed to the board or commission of that agency

no appeal, appeal declined, or commission's decision if appealed

courts tend to accept agency's judgement on factual questions because of the agency's expertise in the subject area of the regulation, also includes interpretation of statute giving it authority to act