Powers and functions of administrative agencies Chapter 19 Blaw 320
Under what circumstances can a court hold an administrative action to be unlawful?
1.) Arbitrary and capricious 2. Contrary to law 3. Abuse of discretion
How do the three branches of government limit the power of administrative agencies?
1.) Executive controls: President has veto power and can appoint officers 2.) Legislative controls Congress gives power to an agency through enabling legislation and can take power away. 3.) Judicial controls Exhaustion doctrine: party seeking court review must first exhaust all administrative remedies before filing suit
What are the steps of the hearing procedures?
1. Complaint 2. Answer 3. Hearing before Administrative Law Judge 4. Order of Administrative Law Judge 5. Appeal to Governing Board of Agency 6. Final Agency Order 7. Appellate Court for Review of Agency Decision 8. Court Order
What the two types of administrative agencies and what is an example of each type?
1. Executive Agencies (USDA, HUD) 2. Independent Agencies (FCC, EPA, CIA, SEC, NLRB, NASA)
What are the steps in administrative adjudication?
1. Negotiate settlements. 2. Formal Complaints. 3. Hearing Procedures. 4. Agency Orders.
What sequence of events must normally occur before an agency rule becomes law?
1. Notice of the proposed rule is published 2. Comment period where the public can comment 3. Final rule is published
What three things must occur before a court can review an administrative decision?
1. Standing to sue 2. Actual controversy 3. Exhausted all possible administrative remedies
What is enabling legislation?
A law passed by Congress that creates agencies and defines the powers that it has; specifies the name, purpose, functions, and powers of administrative agencies
What is the act of giving a judicial ruling such as a judgment or decree?
Adjudication
What is the federal act which established the rules and regulations for applications, claims, hearings and appeals involving governmental agencies
Administrative Procedure Act
What are the rules, orders, and decisions of federal, state, and local government agencies established to perform a specific function?
Administrative law
How are federal administrative agencies created?
By the government enabling Legislation
Small Business Regulatory Enforcement Fairness Act (small biz)
Congress has 60 days to review new federal regulations before they take effect.
What is the Principle limiting Congress's ability to transfer its legislative power to another governmental branch, especially the executive branch?
Delegation Doctrine
What is FOIA?
Freedom of Information Act Requires federal government to disclose records on request, but denial can be challenged in court Exempts confidential/secret information
What are some ways that administrative agencies are held publicly accountable?
Freedom of Information Act. Government in the Sunshine Act.
What is the Administrative Process?
Hearing Procedures and Agency Orders
How do administrative agencies enforce their rules?
Investigation (inspections and subpoenas) and Adjudication
What is an example of a state administrative agency?
LA State Parks and Recreation Commission
Regulatory Flexibility Act (small biz)
Requires an analysis of the cost a regulation will impose on small business and must consider less burdensome alternatives
What is the Government in the Sunshine Act?
Requires every portion of every meeting of an agency be open to public observation; and adequate notice of meetings must be given to the public (limited circumstance closed meetings)
What are the three basic functions of most administrative agencies?
Rule Making, Investigation, and Adjudication
What is the formulation of new regulation?
Rule-making
What is an example of a federal administrative agency?
USDA (United States Department of Agriculture)
A significant cost of "doing business" requires compliance with
administrative and agency laws.
Administrative law is created by administrative agencies,
which regulate many areas of our government, community, and businesses