ADMINISTRATIVE AGENCIES

Definition of Administration agency:
Administrative agencies were created to handle serious social problems and crises that are beyond the expertise of legislators and judges. Serve as a primary vehicle for the creation and enforcement of modern regulation.
(An official governmental body empowered with the authority to direct and supervise the implementation of particular legislative acts.)
The influence referred as the “fourth branch” (three branches, legislative, executive, and judicial)
Administrative agencies have been objects of controversy.

Enabling Legislation
Administrative agencies are created by enabling legislation, which usually specifies the name, composition, and powers of the agency.

Administrative procedure Act (APA)
The APA was enacted by Congress in 1946 in an attempt to standardize federal agency procedures and to respond to critics who said that administrative power was out of control.

Functions of Administrative Agencies
In their roles, administrative agencies serve three main functions: rule-making, adjudicating and investigating.

* In rule making, the agency takes laws passed by Congress and adds the technical expertise need for them to apply to real-life situations. E.g., a bill may mandate public vaccinations, but a rule will explain which age groups and demographics need the vaccination.

* Agencies serve a judicial function when in-house lawyers and judges help individuals resolve disputes with the agency. They can also fine those who break agency rules.

* As investigators, they can subpoena and question those who may have violated federal law. The Environmental Protection Agency is probably best known for seeking out and punishing polluters as part of its investigative and judicial authorities.

Administrative agency‘s Purpose:
The purpose of an “administrative agency” is identical to the purposes of bureaucracy. An “administrative agency” is a slightly fancier, euphemistic word for bureaucracy. Technically, administration or bureaucracy refers to any centralized organization, public or private, and how they express or extend their reach. Yet, its general connotation is that bureaucratic organizations are governmental and hence “public.

Enabling act:
A provision in a law that confers on appropriate officials the power to implement or enforce the law.

Investigative power:

Administrative agencies need accurate information about practices and activities not only for the detection and protection of regulatory violations, but also to enable the agencies to identify areas in which new rules are needed or existing rules require modification.
Two important means use to compel unwilling possessors of information to compel with legitimate demands for information, employed by administrative agencies are subpoenas and searches and seizures.
Agency investigations must be authorized by law and conducted for a legitimate purpose.

Administrative Law:
That body of rules, orders, and decisions issued by administrative agencies

Agency Creation:
Agencies allow congress to regulate something more closely and more expertly. Congress passes enabling legislation (state or federal). Specifies the name, purpose, functions, and powers of agency. Describes the procedures of the agency. Provides for judicial review of agency orders.

Types of Agencies (federal administrative agencies): 1. Independent regulatory agencies. 2. Executive administrative agencies.
The difference between the two types lies in the accountability of the regulators. * Executive agencies are subject to the authority of the president who can appoint and remove their officers (ex. Commerce Department). * Independent agencies’ officers serve for fixed terms and cannot be removed without just cause (ex. Securities and Exchange Commission).

Agency Powers and the Constitution:
Under the “delegation doctrine” Congress has the power to establish agencies that can create rules for implementing those laws (Article 1). Administrative agencies exercise powers normally divided among the three branches of government. * Rulemaking. * Enforcement of the rules. * Adjudication.

Rulemaking: * Notice of the Proposed Rulemaking.
– Proposed rule and its rationale is published in the Federal Register, inviting comment. * Comment Period.
– Interested parties can express their views on the proposed rule in writing or orally at the hearing. * The Final Rule.
– The final rule is published and compiled in the Code of
Federal Regulations. Final rules have a binding legal effect

Enforcement: * The enforcement function of an administrative agency occurs largely within the framework of its rulemaking and adjudication functions. * Agency enforcement involves the exercise of investigative and prosecutorial powers.

Investigations:
After final rules are issued, agencies conduct investigations to monitor compliance. Investigative Tools: * Subpoenas (ordinary - appear at hearing or to hand over books, papers, records, or documents) * Searches and Seizures - In most instances, a search warrant is issued.

Limits on Administrative Investigations:
Limits on administrative investigations include the following: * The investigation must have a legitimate purpose. * The information being sought must be relevant. * The demand for testimony or documents must be specified. * The burden of the demand is on the party from whom the information is sought.

Adjudication: 裁决 * During this phase of the process, the agency may make an offer to negotiate a settlement. * If no settlement reached, a formal complaint is issued. This is a public document and is accompanied by a press release. * Case then goes to a hearing presided over by an Administrative Law Judge.

Administrative agencies hearings (like a court room)
Have 1 judge, ALJ, it is the employee of the agency;
No juries;
Civil procedure;
Just create by the legislation branch;
Have the simplest burden of proof.
Penalty: fines

How can government keep agencies in line? * Legislative branch: congress can narrow down the power of the purse. Every year congress has a budget; it can expand agency’s budget pie or narrow it. * Executive branch: remove them. * Judicial branch: sue them; review any of the appeals

Role of the ALJ (administration law judge): * ALJ presides over hearing, rules on questions of evidence, and makes determinations of fact. * ALJ must be an unbiased adjudicator (judge). ALJ must be separate from the agency’s investigative and prosecutorial staff. * ALJ is protected from agency actions

Quasi-legislative function
When an Administrative Agency exercises its rule-making authority, it is said to act in a quasi-legislative manner. Administrative agencies acquire this authority to make rules and regulations that affect legal rights through statutes. This authority is an exception to the general principle that laws affecting rights should be passed only by elected lawmakers.

Quasi-judicial function
Is defined as an action by an administrative agency which; * Ascertains certain facts; * Hold hearings; * Weight evidence; * Make conclusions from the facts as a basis for their official action, and * Exercises discretion of a judicial nature.
A quasi-judicial proceeding investigates a disputed claim, weights evidentiary facts and reaches a binding decision

The Environmental Protection Agency is probably best known for seeking out and punishing polluters as part of its investigative and judicial authorities.

Adjudication:
Hearing procedures. * Resembles a trial. * Parties can use the discovery process; hear testimony, present evidence, and cross- examine witnesses. * Significant difference between a trail and an administrative agency hearing is the relaxation of evidentiary rules (hearsay can be introduced as evidence).

Consent order: p915-916
(Similar to the nolo contendere pleas.) Respondents who sign consent orders do not admit wrongdoing, but they waive all rights to judicial review, agree to accept a specific sanction imposed by the agency, and commonly agree to discontinue the business practice that triggered the agency action.

Requirements for Judicial Review： * The party challenging the agency action must show that the nature of the action is reviewable before the court. * The challenger must have standing to sue the agency. * The challenger must have exhausted all possible administrative remedies. * Article III, Section 2, of Constitution requires that an actual controversy be at issue.

Organizational structure of Administrative Agencies: A. Agency Board or commission (5-7 members)
Revolving Door Syndrome

B. Agency Secretary
They don’t do the legislation. Manage all the public record, meeting, regulation or parties.

C. Advisory Counsel
Not employees of agency. They are advice to the board of the commissioners

D. General Counsel
General counsel is the office responsible for the litigation.

E. Director of Operations
To protect consumer, coordinate, execute and regulate the scope and function of agency.

F. Executive Director for Administration
It is responsible for internal to the administration hearing. G. Administrative Law Judges
It is the full time employee of agency. Judge to the administrative hearing.

1. Which of the fowling is not a function of administrative agencies?
Appointing judges

2. The executive branch of government：
Ensures that all enacted legislation is enforced

3. The legislative branch of government:
Passes laws that present the will of the people

4. The judicial branch of government: Determines if there have been violations of the law

5. To determine whether an administrative agency has abused its authority, the courts are guided by all of the following except: Public opinion

6. The first two federal administrative agencies were:
The Interstate Commerce Commission and the Federal Trade Commission

7. Federal administrative agencies are created by the:
United States Congress

8. A rule that governs the internal processes of an administrative agency is know as a
Procedural rule 9. An agency whose appointed heads and members serve for fixed terms and cannot remove by the president except for reasons defined by congress is a:
Independent administrative agency

10. Independent agencies such as the Federal Trade Commission and the Securities and Exchange Commission are usually headed by a ______, consisting of members who are appointed for specific term of years by the president with the advice and consent of the Senate.
Board of commissioners.

11. An agency located within a department of the executive branch of government, whose member serve at the pleasure of the president is known as the
Executive administrative agency 12. The number of administrative agencies has grown rapidly since the late 1890s for which of the following reason?
All of the above are reasons why the number of administrative agencies has grown rapidly since the late 1890

13. Legislation that grants lawful powers to an administrative agency to issue rules, investigate potential violations of rules or statutes, and adjudicate dispute is referred to as:
Enabling power 14. The Administrative Procedure Act:
Establishes the standards and procedures federal administrative agencies must follow in carrying out their rule making and adjudicative functions. 15. Which of the following is not a departmental division (bureau) of Federal Trade Commissions?
The Bureau of Trade Abatement 16. An agreement by a business to stop an activity an administrative agency to be unlawful, and to accept the remedy the agency imposes, is called a:
Consent order 17. An administrative law judge is selected:
On the basis of a merit examination 18. Which of the following laws require each administrative agency to make available for copying on request such item as staff instruction orders, and adjudicated opinions, as well as interpretations of policy statements?
The freedom of Information Act of 1966 19. The united states Congress limits the authority od administrative agencies thought its:
All of the above 20. Which of the following laws requires each agency headed by collegiate body to hole every portion of a business meeting open to public attendance?
The government in Sunshine Act of 1976 21. Administrative law consists of procedural or substantive tules that may come from the legislative, executive, or judicial branches of government, but not from administrative agencies themselves.
False
22. An administrative agency is any body that is created by the judicial branch of government to carry out specific duties
False
23. One of the reasons that administrative agencies have proliferated rapidly since the late 1890s is the need for expeditious solutions to national problems.
True
24. A procedural rule is a rule that governs the internal processes of an administrative agency.
True
25. Enabling legislation grants lawful power to administrative agency to issue rules, investigate potential violations of rules or statues, and adjudicate disputes.
True
26. The law that governs the standards and procedures federal administrative agencies must follow in their rule making and adjudicative function is the Legislative Procedure Act
False
27. Usually, the Federal Trade Commission will not assess a penalty against a corporation that has engaged in unfair and deceptive advertising if the corporation agrees to voluntarily stop the unfair and deceptive advertising
True
28. An injunction is an agreement by a business to stop an activity an administrative agency’s to be unlawful and to accept the remedy the agency imposes
False
29. A consent order requires an admission of guilt.
False
30. Like trail court judges in most states, administrative law judges are selected by the electorate
False
31. The powers of administrative agencies are limited by the executive, the legislative, and the judicial branches of government
True
32. The greatest legislative limitation on agency power rests in Congress’s right to approve or disapprove an agency budget submitted by the executive branch.
True
33. As a general rule, enabling legislation delegated to an administrative agency legislative, executive and judicial power.
True
34. The Administrative Procedure Act establishes the standards and procedures federal administrative agencies must follow in their rule making and adjudicative functions.
True
35. After a proposed informal rule is drafted by an administrative agency, it becomes law and does not have to be published in the Federal Register
False