6 1 Chapter 6 Administrative Law 2003 by

6. 2 Creation of Administrative Agencies Administrative agency Governing body not provided for in the Constitution Administrative law Considered government the fourth branch of Administrative procedures Include rulemaking, adjudication, and ministerial duties

6. 3 Types of Administrative Agencies Executive agencies Independent regulatory agencies Administrative law and e-commerce Administrative procedures Rulemaking

6. 4 Delegation of Authority Enabling acts Legislation that enables administrative acts Delegation Transfer of power by one governmental body to another Enabling legislation Laws that grant authority to an agency Standards Activities that specify the concerns to be addressed by an agency

6. 5 Controls over Administrative Agencies Legislative controls Administrative Sunset Procedures Act laws Executive controls Judicial controls Public internet access & controls

6. 6 Administrative Rulemaking power Imposing procedural requirements Providing notice Holding a hearing to receive comments Preparing the final rule

6. 7 Adjudication and Activities Adjudication The adjudication process Need for a trial-type hearing Informal administrative activities General activities Information-gathering activities

6. 8 Judicial Review And Administrative Agencies Determining whether agency activity is reviewable Is the agency activity subject to judicial review? If so, what are reasons to review? What criteria should determine the legality or propriety of the agency’s activity? Agency activities that are not reviewable Reasons not to review

6. 9 Standards For Judicial Review Questions affecting the review of agency legislative actions: Is the delegation of legislative authority to the agency sufficiently limited? 2. Did the agency's action fall within the powers granted to the agency by the legislature? 3. Did the agency's action violate any constitutional or statutory requirements imposed on the agency? 4. Did the agency follow proper procedures (usually specified by statute)? 5. Is the action of the agency "arbitrary or capricious"? 1.

6. 10 Standards For Judicial Review Questions affecting the review of agency judicial/adjudicatory actions: Did the agency violate any constitutional or statutory provisions imposed on it? Does the agency have proper jurisdiction to decide the case? Did the agency follow proper procedures (usually established by statute)? Is the agency's decision supported by "substantial evidence" in its record?

6. 11 Standards For Judicial Review Questions affecting the review of informal activities: 1. Is the action in question subject to judicial review? 2. Did the agency act within the scope of its authority? 3. Did the agency follow the procedural requirements? 4. Was the agency's action "arbitrary and capricious"?

6. 12 Business Interaction With Agencies Information & influence through trade associations Cost-benefit analysis Criticism & commentary

6. 13 Activity Some Administrative Agencies Identify the primary function of each of the following agencies: Interstate Commerce Commission Federal Trade Commission Equal Employment Opportunity Commission National Labor Relations Board Environmental Protection Agency Securities and Exchange Commission