Law and Society
CJUS/POLS 102
Chapter 8: Administrative Law
Administrative Law
1.
Bureaucratic organizations
- tremendous growth
- number and power
a. Political / legal fact of life
- immune from forces that could weaken
(1) Reagan / Bush (late 1980s)
- deregulate US economy
- shift governmental power
- national to state
Admin
(a) Congress did not support
- states did not support
(b) Agencies continued growth
- became independent
b. Legislative branches
- delegate power
- volume of government services required
- empowered by Congress’
- legislative / executive / judicial powers
Admin
(1) Delegated necessary powers
- make rules
- administer / enforce rules
- investigate / prosecute violations
(a) Reason for increased growth
- need and efficiency
c. Administrative law
- encompasses rules / regulations
- under which agencies operate
Admin
(1) Defines rights / responsibilities
- all who seek to challenge
- agency’s actions / inaction
(2) Administrative Procedures Act
- answers questions that may arise
(3) Allows agencies to govern / control
- wide variety of activities
(a) Nuclear weapons to cable television
Admin
(b) Licensing medical professionals to
workplace safety
(4) Administrative law
- sets forth / limits what agency can do
(5) Efficiency
- primarily due to people appointed to
run them
- professionals
- political appointees
Admin
d. Control of bureaucratic agencies
- three branches of government
- oversee / influence / prohibit
(1) Executive
- appoint agency officials
- remove under some circumstances
- appointed for certain term
(2) Legislative
- conduct oversight hearings
Admin
- write / rewrite legislation
- approve budgets
(3) Judicial
- enforce legal requirements
- hear appeals of decisions
e. Functions / process of bureaucratic agencies
(1) Licensing
- control certain activities
Admin
- application process
(2) Administrative investigations
- conducted to gather information
- insure compliance
- rules / regulations
(3) Administrative hearings / adjudication
- determine issues brought before them
- ruling by a hearing officer
(administrative law judge)
Admin
2.
Administrative rule making
- use different procedures to insure control
- follow different rules to establish authority
- agency has the authority
- follow statutory procedures
a. To establish policy
- relied on their authority
- ability to implement / interpret / proscribe
(prohibit / forbid / require)
Admin
(1) Administrative Rule
- apply to a class of persons / entities
- (FAA) pilots / aircraft / airports
- (SEC) stockbrokers / stock market /
brokerage houses
- (FCC) frequencies / transmitters
- (FDA) food / drug / pharmacies /
manufacturers
(a) “Adjudicative order”
- another type of agency action
Admin
- directed to individual or business
- specific individual / representative
(2) Legislative rule
- most important rule
- “force and effect” of law
(a) Grant of ‘quasi-legislative power’
- granted by Congress
(b) Binding on individual / government
Admin
- can change by court on appeal
- rescinded by the agency
(3) General statement of policy
- indication of how agency intends to
use lawmaking power in the future
- does not bind anyone / anything
(4) Interpretive Rule
- how agency views what a law already
in existence requires
Admin
(5) Procedural Rule
- can be issued without prior notice
- sets forth guideline to follow
b. Licensing
- most agencies given authority to license
- issue to individuals / businesses
- regulatory tool to control activities
- “License” / “permit” / “certificate”