MIE 305 Chapter 5

Bureaucracies; entities of government charged by the supreme lawmaking authority with implementing, administering, and adjudicating violations of certain statutes or parts thereof which fall within their jurisdiction or expertise

Function within a cabinet department (FDA- DHHS, PTO-Commerce)

Regulatory- FTC, NLRB, SEC
Government Corporations- Amtrak, USPS, FDIC, CPB

Congress makes public policy, admin agencies carry out the policy goals

Congress assigns new powers to an existing agency

When an agent is delegated power by the principal, it can't redelegate it to someone else without the principal's permission; Administrative agencies that are legislating from the executive branch is not a violation of separation of powers. Congress can't create an agency and give it broad, general grant of power- must provide an intelligible principle by which the agency is to carry outs its mission

Intended by Congress to provide a reasonably uniform set of rules for federal administrative agencies, by which they must conduct their business (automatically applies to an agency unless it has specifically been exempted by Congress);
1. require agencies to keep the public informed
2. develop methods of allowing public participation in the rulemaking process
3. production of uniform standards for agency rulemakings and adjudications
4. defines the scope of judicial review over agency decisions

Takes place inn a forum that looks and operates very much like a court, with one or more Admin Law judges, presiding;
1-publication of proposed rule in the Federal Register
2-mandatory hearing (agency makes presentation, witnesses, cross-exam, evidence)
3-a report is issued by the agency based on the record created at hearing
4-agency withdraws, restudies, or proceeds with current draft- final rule in Federal Register

Notice and command rulemaking;
1-agency provides notice of the proposed rule in the Federal Register
2-a public comment period of at least 30 days is provided; these days, usually via email
3-publication of final rule in Federal Register, with statement of purpose and basis

Typically granted to regulatory agencies: investigation (either based on report or sua sponte- on its own initiative), inspection, search warrants (but 4th Amendment protections attach), subpoena (ad testificandum- compel testimony, duces tecum- produce documents)

Like a regular court proceeding, presided over by an ALJ- but no right to a jury. ALJ will prepare findings of fact and conclusions of law and then imposes a penalty or remedy

Like office meeting, where the agency and the accused meet at a table, presided over by an agency hearing officer and they talk things out- with evidence/testimony available if needed- hearing officer issues a final report similar to an ALJ's

A party has no ability to appeal agency decision to the judiciary until and unless all available administrative remedies have been tried first

1- If Congress has spoken clearly, congressional intent wins
2- If Congress has NOT spoken clearly, the court does not impose its own interpretation, but rather the question is whether the agency's answer is based on a permissible construction of the statute

Gives all citizens the right to inspect all records of federal agencies except national security and foreign intelligence, trade secrets and financial information, interagency documents detailing internal deliberations or agency personnel practices, unwarranted invasions of personal privacy, and law enforcement information

The meetings of government agencies must be open to the public

requires each agency to designate a FOIA liaison to resolve disputes; standardized annual reporting requirements for each agency's FOIA program; and a reason be given for any deletion made in a disclosed document

Introduced a requirement for regulatory agencies that they conduct a Regulatory Flexibility Analysis prior to creating or implementing new rules

Builds on the foundation that RFA originally established; Even more restrictive law- New rules are to be reported to Congress in addition to publication in the Federal Register; Congress may review and take action to reject the rule within 60 days of notification

Protects the confidentiality of private information collected by government agencies and provides a mechanism for citizens to correct information that was submitted to an agency; limits the information that can be gathered about individuals