COB 218 chapter 4

Examples of Independent Agency include

-Consumer Product Safety Commission (CPSC) -Equal Employment Opportunity Commission (EEOC)

Examples of Executive Agency include

-Federal Aviation Agency (FAA) -Food and Drug Administration (FDA)

Privacy Act of 1974

-Federal agency may not disclose information about an individual to other agencies/organizations without that individual's written consent Guarantees right to: -See records about oneself -Amend non-exempt record if inaccurate, irrelevant, untimely, or incomplete -Sue government for violations of statute

Judicial Limitations on Agency Powers

-Interested parties may challenge administrative rules in court -Court may review agency's findings of facts, interpretation of rules, and scope of agency's power in making rules

Administrative Agency

-Referred to as the unofficial "fourth branch of government" -First federal administrative agency: Interstate Commerce Commission (ICC) -Created by Congress through "enabling legislation", a statute that specifies names, functions and specific powers of agency -Investigative powers include power to issue subpoena/subpoena duces tecum

Freedom of Information Act (FOIA)

-Requires that federal agencies publish in Federal Register places where public can access agency information -Any individual or business may make a FOIA request -Information may be obtained regarding how agency acquires and spends its money

Freedom of Information Act (FOIA) (Continued)

-Statistics and other information collected by agency on particular topics available -Citizens entitled to any records government has about them Exemptions: -National Security -Internal Agency Matters (Example: Personnel Issues) -Criminal Investigations -Financial Institutions -Individual's private life

Informational Limitations on Agency Powers

Agencies' responsibilities regarding public access to information governed by: -Freedom of Information Act -Government in Sunshine Act -Privacy Act of 1974

Exempted Rule-Making

Agency decides whether public participation allowed; includes rule-making proceedings with regard to "military or foreign affairs", "agency management or personnel", and "public property, loans, grants, benefits, or contracts" of an agency

Administrative Agency

Any governmental body of the city, county, state or federal government

Hybrid Agency

Characteristics of an executive and independent agency

Hybrid Rule-Making

Combines best features of formal and informal rule-making; proposed rule published in Federal Register, with opportunity for public submission of written comments, then informal public hearing

Administrative Law

Consists of substantive and procedural rules created by administrative agencies

Example of Hybrid Agency include

Environmental Protection Agency (EPA)

Executive Agency

Generally within executive branch of government, under a "cabinet-level" department; also referred to as "cabinet-level" agency

Independent Agency

Governed by board of commissioners appointed by president, with "advice and consent" of U.S. Senate

Administrative Procedures Act (APA) (informal, formal, hybrid, exempted rule making continued)

Interpretive Rules: Rules that do not create any new rights/duties; instead, a detailed statement of agency's interpretation of existing law, and the steps a party must take to comply with existing law Policy Statements: General statements about directions of agency regarding rule-making or enforcement activities; no binding impact; do not directly affect legal rights/responsibilities Regulated Negotiation ("Reg-neg"): Mediated agreement (involving competing interest groups) on agency rule-making

Limitations on Agency Powers

Political Statutory Judicial Informational

Administrative Law Judge

Presides over administrative hearing; may attempt to encourage parties to settle, but has power to enter binding decision

stages of informal rule-making

Proposed rule published in Federal Register Interested parties can submit written comments in response to proposed rule Agency publishes final rule with effective date in Federal Register

Informal Rule-Making ("Notice-and-Comment" Rule-Making)

Proposed rule published in Federal Register, with opportunity for public comment

Formal Rule-Making

Publication of proposed rule in Federal Register, then formal public hearing (including complete transcript)

Government in Sunshine Act

Requires that agency meetings be open to public if agency headed by collegiate body (i.e., two or more persons, with majority appointed by president upon "advice and consent" of Senate) -Such agencies must keep records of closed meetings

Statutory Limitations on Agency Powers

United States Congress may: -Create or eliminate agencies -Amend enabling legislation -Override agency rules

Political Limitations on Agency Powers

United States Senate must approve agency heads United States Congress has power over agency budgets