Administrative Law

Order

A decision by an administrative law judge - The oder must state the reason for the ALJ's decision. The order becomes final if it is not appealed - The appeal consists of a review by the agency.

Source of Administrative Agencies

Administrative agencies are created by federal, state, and local governments. Example - Securities Act of 1933 and securities Act of 1934 created the Securities and Exchange Commission (SEC).

Statement of Policy

Administrative agencies may issue such a statement. It announces a proposed courses of action that an agency intends to follow in the future.

Administrative Agencies

Agencies that the legislative and executive branches of federal governments establish - The operations of these administration agencies is governed by a body of administrative law - they Known as the Fourth branch of government

The Equal Access to Justice Act

Enacted by the legislative branch - it protects person[s] from harassment by federal administrative agencies. Under the act, a private party who is the subject of an unjustified federal administrative agency action can sue to recover attorney fees and other cost.

Judicial Power

Judicial power vested in many administrative agencies to adjudicate cases through administrative proceeding. That includes the power to issue an order deciding the and assessing remedies.

Organic Statute

Organic statute is a statute that establishes an administrative agency or local government and defines its authorities and responsibilities. An organic statute forms the foundation of a government, corporation or other organization's body of rules. A constitution is a particular form of organic law for a sovereign state. The term organic statute originated from the French term Reglement Organique, which means regulations for an organization or governmental body. Examples of organic statutes are: National Aeronautics and Space Act of 1958, creating the National Aeronautics and Space Administration (NASA); or Federal Food, Drug, and Cosmetic Act of 1938, granting regulatory authority to the Food and Drug Administration. An organic statute is also termed as organic act.

Introspective Rule

Rules issued by an administrative agency to clarify or explain existing laws or regulations. An interpretative rule does not attempt to create a new law or modify existing ones. The rule only provides clarifications or explanations to a statute or regulation. Interpretative rules create no enforceable rights and only remind affected parties of existing duties. The rules merely state how an agency understands a statute. Interpretative rules only interpret the statute and thus guide the administrative agency in performing its duties. An interpretative statement simply indicates an agency's reading of a statute. Examples of interpretative rules are agency manuals, guidelines, and memoranda of administrative agencies.

Licensing Power

Statues requiring the issuance of a government license before enter certain types of industries. The administrative agency that regulates the specific area involved is granted the power to determine whether to grant a license to an applicant.

Substantive & Procedural Law (Administrative law)

Substantive Law is is law that an administrative agency enforces - federal statues enacted by congress or state statues enacted by state legislatures Procedural Law establishes the procedures that must be followed by an administrative agency while enforcing substantive laws.

Executive Power

The power to prosecute violations of statues and administrative rules and orders. This includes the power to investigate suspected violations, issue administrative subpoenas, and conduct administrative searches. (New York v Buger)

Rules of procedure and evidence; power to prescribe

Title 28 Sec. 2072 enables the judiciary branch. power to prescribe general rules of practice and procedure and rules of evidence for cases in the United States district courts (including proceedings before magistrate judges thereof) and courts of appeals. Such rules shall not abridge, enlarge or modify any substantive right. All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect. Such rules may define when a ruling of a district court is final.

Substantive Rule

To adopt rules that advance the purpose of the statues that the agency is empowered to enforce. These rules have the force of law. Public notice and participation are required. Administrative agencies have the power to adopt substantive rules that have the force of law and must be adhered to by covered persons and businesses.

Enabling Act

a statute that confers (as to an administrative agency) the power or authority to engage in conduct not previously allowed. Example - Title 28 Sec. 2072 - Rules of procedure and evidence; power to prescribe.