NRL: Administrative Law

Governmental organizations created by the legislative branch to administer and implement legislation.

They are given great powers due to the need of expertise in addressing societal issues, flexibility of the administrative process compared to judicial, and the occurrence of more national problems.

The law that governs the organization and operation of administrative agencies in carrying out their duties, and relations with other branches of government.

- the statutes endowing agencies
- the body of agency-made law
- legal principles governing the acts of public agents when those acts conflict with private right

Enabling legislation is the legislation passed by the legislative to create administrative agencies. Components of enabling legislation- making rules, investigating potential violations of rules or statutes, and delegating judicial power to the agency to settle any disputes it may have with persons/businesses

A principle limiting Congress's ability to transfer its legislative power to another governmental branch, especially the executive branch.

Two types of administrative agencies are executive and independent. The difference between them is that independent agencies are regulatory agencies that are outside of the authority of any executive agency.

The administrative process is the three primary functions of rulemaking, enforcement and adjudicating within an administrative agency. In contrast, the judicial process focuses on the resolution of disputes through the court system.

. notice and comment- applies in all situations in which agency enabling legislation does not require another form
. formal rulemaking- may require that certain rules be made following a formal hearing process.
. hybrid rulemaking- rulemaking performed by agencies that are between formal and informal.
. negotiated rulemaking- voluntary process which results in more technically accurate regulations.
. exempted rulemaking- can offer in some cases

complaint- required due to administrative law violation
investigation- into merits of the complaint
negotiates- get the party to stop violation voluntary
Administrative Law Judge- if negotiation is unsuccessful
court hearing- decision would be rendered by ALJ

An administrative law judge is both the fact finder and lawgiver, and one is assigned to specific administrative agencies
. Functions of ALJ- issue subpoenas, administer oaths, make evidentiary rulings, conduct hearings

The exhaustion-of-remedies doctrine requires that procedures established by statute must be initiated/ followed in certain cases before an aggrieved party may seek relief from the courts. After all other available remedies have been exhausted, a lawsuit may be filed.
. It is adopted to allow agencies to correct their own errors and to keep down costs.

. Statutory limitations, Executive limitations, and Judicia; limitations, public interest groups

Judicial review is a process under which executive or legislative actions are subject to review by the judiciary.

- appealing forest plans
- appealing forest projects
- appeals on forest health or fuel reduction projects

Since each national forest only has one plan, most concerns are directed to individual management activities and projects