legal ch 17

Federal Register

A daily publication distributed by the federal government primarily used to communicate proposed agency rules, final agency regulations, and other administrative agency or executive branch announcements, such as executive orders.

(Executive branch) Appointments Clause

Although subject to confirmation by the Senate, the president has the exclusive right to nominate principal officers such as cabinet members or commissioners of independent agencies that report directly to the president. Congress has designated certain agencies, such as the Securities and Exchange Commission (SEC) and the Federal Trade Commission (FTC), as independent of the president's direct powers

Administrative law judge (ALJ)

An individual, typically an attorney, who is employed by an agency to adjudicate disputes.

the steps used in administrative rulemaking

Public Comment Protection of Small Business Owners Revision or Final Publication Judicial Challenges

Administrative law

body of law, drawn from various sources, that defines and regulates federal regulatory agencies and limits the exercise of authority by these agencies.

Administrative Procedures Act (APA)

federal statute mposes specific procedural structures and due process requirements on administrative agencies' duties of rulemaking, adjudication, and other agency functions. The APA also provides for the judicial review of agency actions and determinations.

Federal regulatory agencies

include bodies that function within a particular executive branch department (such as the Internal Revenue Service functioning within the Department of the Treasury) as well as nondepartment agencies (EPA)

Freedom of Information Act

requires agencies to publish certain matters and, upon the request of an individual or agency (such as a media outlet), to allow public inspection of all other records created or obtained by the agency in the course of doing its work. allows private parties to sue the agency if the records are wrongfully withheld The most commonly excluded records are documents that contain 1. sensitive national defense or foreign policy information; 2. agency personnel matters 3. trade secrets and privileged commercial information

Enabling Statutes

A law passed by Congress when it is establishing an administrative agency; serves as the source of the agency's authority and describes the agency's scope and jurisdiction over certain matters

Congress

Congress may exercise their constitutionally granted power of the purse over government funding of particular agencies or Enact legislation that restricts an agency's authority, or pass a new law to overrule an administrative regulation

the limits on agency powers imposed by the legislative, executive, and judicial branches of the government

Executive branch Congress Judicial Review

the APA requires that notice of proposed rulemaking be published in the

Federal Register

(Executive branch) Direct Power

For the last several decades, presidents have exercised direct power over administrative agencies to accomplish the president's public policy objectives

Name two federal public disclosure statutes

Freedom of Information Act Government in the Sunshine Act

Applying the Arbitrary and Capricious Standard

In order to meet the judicial review requirements, agencies must provide evidence that a reasoned decision-making process was used rather than an action that was arbitrary and capricious. This standard applies to all agency actions, including rulemaking, adjudication, enforcement, inspection, and licensing

Citizen suits

Lawsuits initiated by members of the public who are directly affected by an agency action and brought against violators of the regulation and/or the administrative agency itself for failing to fulfill a duty imposed upon it. citizen suits cannot be used to attack the substance of a regulation that has been properly promulgated. Citizen suit provisions may be used only to compel the agency to act in a manner consistent with the enabling act or another federal statute

Government in the Sunshine Act

Requires that agencies announce their meetings at least one week in advance and to open the meeting to the public

Judicial Review

Statutory Interpretation by Agencies Applying the Arbitrary and Capricious Standard

U.S. Constitution

The U.S. Constitution places limits on the type of powers that agencies may exercise and also places limits on the methods that agencies may employ in carrying out their duties. Examples of provisions of the Constitution that limit agency powers include the Due Process Clause; doctrines derived from the principle of separation of powers

Inspection

The act of monitoring a business's compliance with administrative regulations. An administrative agency ordinarily secures a warrant and then enters and inspects the business's premises

Appeals

The losing party in an ALJ case generally has an automatic appeal to the administrative head of the agency who may overturn or affirm the ALJ's ruling. An adverse decision from the agency may also be challenged in a federal trial court

how the Administrative Procedures Act (APA) and enabling statutes interrelate to provide an agency with its jurisdiction and scope of authority

The rulemaking process is set out in the APA and is supplemented by the enabling statutes passed by Congress. In practice, much of an agency's rulemaking duties are carried out through informal rulemaking procedures that are permitted under the basic structure of the APA

Licensing

The task of issuing a license authorizing a business or industry to do something. Agencies are frequently delegated the statutory power to issue, renew, suspend, or revoke a license to conduct a certain business. Once a company is licensed, the agency may impose fines or restrictions upon the licensee for any violation of agency regulations

primary sources of administrative law

U.S. Constitution Administrative Procedures Act (APA) Enabling Statutes common Law

Adjudication

a hearing in which the government and the private party each present evidence in a quasi-judicial setting Many (but not all) administrative agencies have authority to adjudicate matters under their jurisdiction In most agencies, the presiding officer is anadministrative law judge (ALJ) who is typically an attorney employed by the agency to adjudicate disputes

the primary functions of an administrative agency

policy making Investigation and enforcement Licensing and permitting Distribution of Federal Statutory Benefits to the Public