The Administrative Agency

Consumer product safety commission

Securities and Exchange Commission

Federal trade commissions

National labor relations board

Occupational safety & health administration

Equal employment opportunity commission

environmental protection agency

Federal communications commission

An agency is a government body other than a court or legislature that takes action affecting the rights of private parties

Executive agencies: part of exec. branch located within a cabinet department usually created by congress, can be created by presidential order (OSHA, FAA)
Independent agencies: Agencies that exist outside the federal executive departments- (headed by a cabinet secretary). Outside presidents control. Created by congress, headed by board of commission appointed by president with advice of congress. Serve 5-7 years, no majority can be form 1 party.

Enabling legislation- list of power the agency has
Primary difference between administrative and executive agency- Independent cant be fired, executive can be firm
Telling if an agency is independent
-Located outside of executive branch, independent from president/cabinet secretary, immunity from presidential removal.

Yes by statue
1. President has relatively little authority
2. How a president can affect policy- only by people he appoints
3. Reasons for removal
-inefficiency
-neglect of duty
-malfeasance in office- took a bribe
4. Relevant case law
-humphrey's executor v us and weiner v us

Roosevelt fired Humphrey but can't be removed

War claims commisioner- they had quasi-legislative/judicial power. Weiner win

Supervision- closely supervise an area
expertise- they develop expertise
flexibility- takes congress forever to pass a law

1. There are three branches of government and agencies are called "4th branch"- not covered in constitution

Rule making, investigations, adjudicatory hearings

NIRA was found to be an unconstitutional delegation of legislative power

National Industrial Recovery Act unconstitutional

National industrial recovery act - regulate industry prices and stuff
Businesses challenged it and SC ruled it was unconstitutional
Now it is constitutional basically as of 1937. Congress does have authority to delegate power to agency.

Bureaucrats make decisions with no accountability
view of lowi- congress is acting unlawfully because they aren't accountable.
Lower officials are selected by civil service
Higher officials enjoy longer terms than president

First independent agency (Interstate Commerce Commission) was created 1887-1996, part of department of transportation

Purpose- regulate railroad rates/routes in public interest because it was only way to travel/get goods to market.
Seeked regulation because it hurt small manufacturers and midwestern farmers

Prevent free enterprise systems from monopolies or unfair trade practices

Regulate electric power/gas industries
Ended in 1979 and went under department of energy

regulates union organizing activities and unfair labor practices

Regulate airline rates/ roots in public interest

a. Equal employment opportunity commission- 1965
b. Environmental protection agency (1970)
c. Occupational health and safety administration (1970)
d. Consumer product safety commission (1972)

An agency statement is to interpret and describe a law or policy

Notice and comment rule making.
Notice is put in the Federal Register

On the record rule making
A notice is put in the federal register.
Formal trial type of hearings
examination of evidence and cross-examination.
Agency must make formal written findings based on evidence.
Advantage of formal hearings.

1. Many disputes are settled informally- agencies notify business, business agrees to behave itself.
2. Consent order- businesses agree to take the action demanded by agency and refunding customers

Conduct own investigations, citizen complaints, competitor may squeal, or justice department notifies agency

The presiding officer administrative law judge.
Role of this official- civil service employee of agency- like trials.
Evidence will be presented- more formal.
Rules of evidence are more liberal - hearsay evidence is allowed.
Judge does not have to conduct an adversary contest.- not passive ref, they interrupt people and jump in.

Agency makes decisions- findings fact, rulings of law, and recommended orders.

1. Exhaustion of administrative remedies
2. Time for appeal - 60 days
3. Statute may preclude review- social security veterans association cant go to court
4. Standing- been injured, stake it outcome.

When an agency has failed to comply with Administrative Procedure Act-Tells agencies how they make their rules/ conduct their hearings
Agency has exceeded the authority it got in the enabling statute.
Agency decision based on a mistaken interpretation of the law
Agency action violates constitution

Can issue subpoenas for documents/testimony.
Agency can conduct investigations and compel self reporting.
Agencies can provide advice and information.

subpoena- has to describe what agency wants- cant compromise any valuable info about your company
subpoena duces tecum- A court summons ordering someone to appear before the court and produce evidence/documents

Osha inspected Barlow's plant without a search warrant, need a search warrant.

Closely related groups doing/getting favors for each other.
Sub-governments: congress, bureaucrats, and interest groups

Small groups of political actors (gov/no gov)
1. members of agencies and members of congress need to maintain good relationships with each other- congress can keep increasing agency's budget
2. Bureaucrats can do favors for members of congress- agency can locate a government project where congress represents (so gov. officials can say they created X number of jobs)
3. The roll of interest groups- concerned with what agencies are doing, (want to be friends with member of congress to donate money)

Power of congress to oversee what the agencies are doing.
Congress can conduct special investigations

Government accountability office audits how agencies spend their budgets

Every member of congress is on committees and keeps an eye on what the agencies do.
Congress can change list of powers an agency has.

Can pass a resolution throwing out the rules

Congress let 1 house of congress take action instead of both. Supreme Court didn't approve.

Took away some FTC power and cut its budget

Fcc compelled radio/TV broadcasting to offer contrasting views on imporant issues and devote time to discuss local issues. FCC got rid of that rule because news papers didn't have to.
Ronald Regan did it.

Late 1970's and 1980's was era of deregulation.
Airlines, bus, railroads, automotive all cut.
Belief in free market and saves consumers money.

Loss of service and safety concerns
Airlines/busses dropped unpopular routes so isolated areas became more isolated.

Breaks up monopolies.
Helps protect agencies and consumers.
Promotes free/ fair trade
no false advertising/false labelling
Prevents price discrimination

Commissioners appointed by president - 5
Regional offices- 10
Terms- 7

Regulated interstate communication thru radio/phone, now TV
Issues operating licenses, call letters etc.
Oversees compliance with rules.
Equal time rule- dem/rep get equal time
Editorials - opinions must be labeled so
Emergency broadcast system - during coldwar
6 regions, 25 officers