Chapter 5: Administrative Law

Compare the formal, informal, and hybrid rulemaking processes

- Informal: must provide prior notice of proposed rule, participation, draft w/ general statement 30 days before effect - Formal: base rules upon consideration of the record of the record of the trial-like agency hearing, "statement of findings & conclusions and the reasons or basis on issues of fact, law, or discretion" - Hybrid mix of both

Define the three types of rules promulgated by administrative agencies.

- Legislative: Substantive, administration rules under legislative authority - Interpretive: statements indicating construction of its governing state - Procedural: issued by administrative agency establishing government organization, operation, rules of conduct

Explain the process of judicial review upon the activities of administrative agencies.

-court may compel agency action unlawfully withheld of set aside impermissible agency action - review whole record & may set aside administrative agency if prejudicial error -decides all relevant questions of law, interprets constitution & statutory provisions and determines meaning or applicability administrative agency

Government in the Sunshine Act

A law that requires all committee-directed federal agencies to conduct their business regularly in public session.

Discuss the three basic functions of administrative agencies.

Legislative - make rules Executive - enforce rules Judicial - adjudicate disputes

Briefly discuss some limitations on administrative agencies.

Legislative: statutes & budget approvals Executive: appointments Judicial: review of rules/orders by administration

Administrative law

The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

Adjudication

The formal procedure by which an agency resolves a matter involves finding facts, applying legal rules to the facts, and formulating orders. An order is the final disposition made by an agency. Adjudication is in essence an administrative trial governed by certain standards set forth in the APA.

Before OSHA can issue a regulation regarding safety in the workplace, it must: a. provide an opportunity for interested parties to participate in the rulemaking. b. determine that Congress supports the regulation. c. publish the regulation in the Code of Federal Regulations. d. all of the above.

a

In conducting an investigation, the Securities and Exchange Commission could: a. issue subpoenas requiring production of documents. b. conduct searches without a warrant. c. compel disclosure of privileged information. d. none of the above.

a

Freedom of Information Act (FOIA)

a federal statute that requires public agencies to provide certain types of information requested by citizens

Administrative agency

a federal, state, or local government agency established to perform a specific function

In _____ rulemaking, the agency must base its rules upon consideration of the record of the agency hearing and include a statement of findings and conclusions on all material issues. a. informal b formal c. hybrid d. none of the above

b

The decision of the administrative law judge: a. is not subject to review by the courts. b. can be set aside by the courts if the ALJ made a prejudicial error. c. will automatically be reviewed by the agency. d. none of the above.

b

In exercising judicial review, the court may: a. compel agency action unlawfully withheld. b. set aside impermissible agency action. c. both a and b. d. none of the above.

c

Rules issued by an administrative agency which are in effect "administrative statutes" are: a. interpretative rules. b. procedural rules. c. legislative rules. d. judicial rules.

c

A decision by an administrative agency may be overturned if the agency: a. exceeded its authority. b. acted arbitrarily or capriciously. c. reached conclusions not supported by substantial evidence. d. all of the above.

d

Federal administrative agencies are charged with which of the following? a. Citizenship and naturalization b. Environmental protection c. Telecommunications d. All of the above

d

In exercising its adjudicative power, an agency may: a. impose a fine. b. seize property. c. revoke a license. d. all of the above

d

In exercising judicial review the court will inquire into whether the agency has: a. exceeded its authority. b. properly interpreted the applicable law. c. acted contrary to the procedural requirements of the law. d. all of the above.

d

Limits placed on administrative agencies include: a. judicial review of agency actions. b. appointment of administrators by the president. c. control of the budget by Congress. d. all of the above.

d

The legislature can exercise control over administrative agencies by: a. its budgetary power. b. by amending the enabling statute. c. changing an agency rule by specific legislation. d. all of the above.

d

Which of the following are considered to be basic functions of most administrative agencies? a. To make rules b. To enforce the law c. Adjudication d. All of the above

d

Which of the following is not an administrative agency? a. Food and Drug Administration b. Equal Employment Opportunity Commission c. Consumer Product Safety Commission d. All of the above are administrative agencies.

d

Which of the following would not have to be disclosed under the Freedom of Information Act? a. National defense secrets b. Records of an agency's internal practices c. Trade secrets d. None of the above would have to be disclosed.

d

Administrative process

entire set of activities engaged in by administrative agencies while carrying out their rulemaking, enforcement, and adjudicative functions

T/F: A person who is involved in a hearing with an administrative agency has a right to a trial by jury.

false

T/F: Administrative law is a branch of private law.

false

T/F: Courts, by adjudicating, formulate more policy than do administrative agencies.

false

T/F: Enabling statutes require that all administrative rules be made only after the opportunity for an agency hearing.

false

T/F: Interpretative rules establish an administrative agency's organization and method of operation.

false

T/F: The Administrative Dispute Resolution Act requires agencies to use alternative dispute resolution.

false

T/F: The Negotiated Rulemaking Act requires agencies to use negotiated rulemaking.

false

Texas Open Meetings Act

meetings of state and local governments must be open to public unless meet an exception

Order

order is the final disposition made by an agency

Procedural rules

rules issued by an administrative agency establishing its organization, method of operation, and rules of conduct for practice before it

Texas Public Information Act

state law to allow individuals access to state and local government records; formerly called Texas Open Records Act

Interpretative rules

statements issued by an administrative agency indicating how it construes its governing statute

Legislative rules

substantive rules issued by an administrative agency under the authority delegated to it by the legislature

T/F: Administrative agencies create more legal rules and adjudicate more controversies than all the legislatures and courts combined.

true

T/F: Administrative agencies promulgate three types of rules: legislative, interpretative, and procedural.

true

T/F: Judicial review acts as a check by a court on an order of an administrative agency.

true

T/F: Most legislative rules are issued in accordance with the informal rulemaking procedures of the Administrative Procedure Act.

true

T/F: Most matters that come before administrative agencies are resolved by informal adjudication.

true

T/F: The order of an administrative law judge may be appealed to the governing body of the agency.

true

T/F: To be valid legislative rules must not exceed the actual authority granted to the agency by the enabling statute.

true

T/F: Unless there is good cause, an agency must provide notice of a proposed rule and give the public an opportunity to comment.

true