Ch.6 Administrative Law
Formation of an Administrative Agency
An administrative agency might be formed to protect the public. Example: From unlawful or deceptive businesses. The agency would implement the law that was passed by the city council, to ensure that the businesses comply.
Congress:
1. House of Representatives 2. Senate
The judicial branch of government determines
1. If there have been violations of the law. 2. It also interprets the law if there are questions about what the law means in particular situations.
3 branches of govt:
1. Legislative 2. Executive 3. Judicial
Functions of Administrative Agencies
1. Regulating conduct 2. Satisfying government requirements 3. Disbursing benefits 4. Providing goods and services
Providing goods and services
Electricity, water, highway maintenance, hospital care, and public housing.
Executive branches at the federal, state, and local levels:
Federal level: President. State level: Governor. Local level: Mayor, County Executive, or someone with a similar title.
traditional constitutional governments operate at
federal, state and local levels.
Example: Judicial Functions of Administrative Agencies
Harry filed a case before the Consumer Protection Agency (CPA) for deficiency of service against Company A. Harry contended that the CPA does not have the power to make a decision and legislature cannot delegate to an administrative agency the authority to function as judge in certain matters. This question was largely settled in the case of Crowell v. Benson, 285 U.S. 22 (1932), in which the Supreme Court decided that an administrative agency does have such authority. >Therefore, Harry's contention is futile.
Differences between Administrative Agencies and Governments Judicial Function
Hearings conducted by an administrative agency do not have a jury and the procedures are not as formal. The "judge" at an administrative agency hearing is not entirely impartial. The determinations reached at a hearing conducted by an administrative agency can be appealed through the regular court system.
Differences between Administrative Agencies and Governments Executive Function
Voters have the opportunity to vote the executive into and out of office. There are two general patterns in the executive organization of an administrative agency. 1. the executive is appointed by and serves at the discretion of the elected executive of the government subject to approval by the legislature. These executives can be removed from office either with or without cause. 2. Congress has created agencies outside the executive branch that are headed by groups or individuals. Such boards or commissions carry out the executive function of the agency. Once appointed to their multiyear terms, members may not be removed by the president without cause.
administrative agency
a governmental body responsible for the control and supervision of a particular activity or area of public interest.
The legislative branch
at all levels of government consists of elected representatives who have the responsibility for passing laws that represent the will of the people.
Federal level Courts:
District courts, appeals courts, and the U.S. Supreme Court.
Differences between Administrative Agencies and Governments Legislative Function
1. Rules and regulations are established by the agency, not by elected representatives BUT Congress has the power to override unjust rules 2. The voter does not have direct control. 3. Administrators are usually appointed by the executive with the advice and consent of the legislature. >gives the public some indirect control over the operations of administrative agencies. >very difficult to remove them once appointed. >>The only recourse is to bring pressure on the executive or legislative branch to change the agency or to remove the administrator.
Criticism of Administrative Agencies
1. Some critics allege that certain administrative agencies have been "captured" by the enterprises they were created to regulate. 2. Because of the economic benefits or burdens that administrative agencies can bestow on a firm or an industry, those regulated have a powerful incentive to secure favorable rulings. 3. The need for specialized expertise in a given area can usually come only from the industry being regulated.
If the businesses do not adhere to the law and correct the problem...
1. issued a subpoena 2. the their license could be revoked by the agency and their business could be closed.
Satisfying government requirements
Collection of taxes and revenues through various licensing laws
Similarities between Administrative Agencies and Governments
Executive Function: Daily operation of the agency and establishment of policies and objectives. Legislative Function: Rules and regulations resemble the laws passed by a legislature. Judicial Function: Holds hearings and oversees compliance with its decisions.
Example: Legislative Functions of Administrative Agencies
In a dispute, defendant A puts up a contention that the Consumer Protection Agency (CPA) is a mere administrative agency, hence the regulations issued by the CPA are not statutorily binding; therefore, the plaintiff's claim is not maintainable. The rules and regulations established by the CPA resemble the laws passed by a legislature and have the force of law. >Thus, the claim made by the plaintiff on the basis of the regulation issued by the CPA is maintainable in the court of law.
Why Administrative Agencies were created:
Legislatures lack the time and expertise to: 1. Make the necessary rules to govern the operations of complex areas of our social and economic life. 2. Supervise the many details of these complex areas on a daily basis.
Local level Courts:
Municipal courts, justice-of-the-peace courts, and magistrate courts.
Regulating conduct
Price, entry into a particular geographical area, or entry into a particular kind of business.
State level Courts:
Several levels of courts including trial courts, appeals courts, and a supreme court.
Disbursing benefits
Subsidies and benefits of various kinds to farmers, persons in need of public assistance, students, the unemployed, and the elderly.
At the state level, the legislative branch is often called
The general assembly. It consists of two houses (except in Nebraska).
At the local level, the legislative branch is often called
city council or given a similar name.
The executive branch at all levels of government
ensures that all enacted legislation is enforced.
subpoena,
or an order requiring the recipient to appear at a hearing to provide testimony.