Chapter 3: Administrative Law

Chapter 3Administrative LawIntroduction to Administrative LawAdministrative Law: Consists of substantive and procedural rules created by administrative agencies Administrative Agency: Any governmental body of the city, county, state or federal government-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 tecumAdministrative Law Judge: Presides over administrative hearing; may attempt to encourage parties to settle, but has power to enter binding decisionTypes of Administrative AgenciesExecutive Agency: Generally within executive branch of government, under a “cabinet-level” department; also referred to as “cabinet-level” agency-Examples include Federal Aviation Agency (FAA) and Food and Drug Administration (FDA)Independent Agency: Governed by board of commissioners appointed by president, with “advice and consent” of U.S. Senate-Examples include Consumer Product Safety Commission (CPSC) and Equal Employment Opportunity Commission (EEOC)Hybrid Agency: Characteristics of an executive and independent agency-Example: Environmental Protection Agency (EPA)Administrative Procedures Act (APA)Imposes specific guidelines on agency rule-making:Informal Rule-Making (“Notice-and-Comment” Rule-Making): Proposed rule published in Federal Register, with opportunity for public commentFormal Rule-Making: Publication of proposed rule in Federal Register, then formal public hearing (including complete transcript)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 hearingExempted 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 agencyStages of Informal Rule-MakingAgency drafts rule in consultation with interested partiesProposed rule published in Federal RegisterInterested parties can file written comments on written draft within 30-day period from publication in Federal RegisterFinal draft of rule published in Federal Register 30 days before it takes effect; statement of its purpose and cost-benefit analysis must accompany its publicationAgency receives feedback from interested parties during 30-day period and makes decision on whether final draft should be rewritten. If not, it becomes lawAdministrative Procedures Act (APA) (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 lawPolicy Statements: General statements about directions of agency regarding rule-making or enforcement activities; no binding impact; do not directly affect legal rights/responsibilitiesRegulated Negotiation (“Reg-neg”): Mediated agreement (involving competing interest groups) on agency rule-makingLimitations on Agency PowersPoliticalStatutoryJudicialInformationalFreedom of Information Act (FOIA)Requires that federal agencies publish in Federal Register places where public can access agency informationAny individual or business may make a FOIA requestInformation may be obtained regarding how agency acquires and spends its moneyFreedom of Information Act (FOIA) (Continued)Statistics and other information collected by agency on particular topics availableCitizens entitled to any records government has about themExemptions:-National Security-Internal Agency Matters (Example: Personnel Issues)-Criminal Investigations-Financial Institutions-Individual’s private lifeGovernment in Sunshine ActRequires 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 meetingsPrivacy ActFederal agency may not disclose information about an individual to other agencies/organizations without that individual’s written consent