MGT 200 CH. 17

-The definition and role of administrative law in the U.S. legal system•
-The functions and scope of administrative agencies and the limits onthese agencies' powers.•
-Ways in which administrative agencies are accountable to the public• The role of state administrative law

body of law, drawn from various sources, that defines and regulates federalregulatory agencies and limits the exercise of authority by these agen

include bodies that function within a particular executive branch department (such as the Internal Revenue Service functioning within the Department of the Treasury) as well as nondepartment agencies (EPA)

-formation
-implementation
-enforcement of regulations

-Administrative agencies are charged by Congress to study potential solutions to a problem and then to exercise a legislative function by creating legally enforceable rules, known as administrative regulations, that purport to satisfy Congress's will by filling in the details of the statute
-This policymaking function is known as rulemaking

Responsibilities include:• investigating alleged violations of the agency's administrative regulations
-recommending enforcement actions such as fines and other sanctions
-monitor compliance with regulatory requirements through inspection of thefacilities and grounds of business sites under their jurisdiction

The Securities and Exchange Commission issues licenses to certain individuals involved in public trading of stocks, or the FederalCommunications Commission's licensing of television and radio stations

-When Congress confers a benefit to the citizenry at large,administrative agencies are the portal used by the law to actuallydistribute those benefits.•
-Agencies are involved in theapplication process and distribute benefits according to law

-U.S. Constitution•
-Administrative Procedures Act (APA)
-Enabling Statutes
-Common Law

These powers include policymaking through:
-rulemaking
-enforcement/licensing
-adjudication

The rulemaking process is set out in the APA and is supplemented by the enabling statutes passed by Congress.

A daily publication distributed by the federal government (found in majorlibraries) primarily used to communicate proposed agency rules, final agencyregulations, and other administrative agency or executive branchannouncements, such as executive ord

The U.S. Supreme Court has ruled that agencies have broad discretionin when and whom to regulate
-Administrative agencies also regulate and administer laws throughlicensing
-Some agencies also monitor compliance with administrativeregulations by conducting inspections of businesses and individualswithin their jurisdiction

hearing where government and the private party each presents evidence in aquasi-judicial setting

The losing party in an ALJ case generally has an automatic appeal tothe administrative head of the agency who may overturn or affirm theALJ's ruling

The legislative, executive, and judicial branches all have various means of power that limit the authority of administrative agencies.

Although subject to confirmation by the Senate, the president has the exclusive right to nominate principal officers such as cabinet members or commissioners of independent agencies that report directly to the president

-Congress may exercise their constitutionally granted power of the purse over government funding of particular agencies, or

-Enact legislation that restricts an agency's authority, or pass a newlaw to overrule an administrative regulation

-Statutory Interpretation by Agencies
-Applying the Arbitrary and Capricious Standard