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Unit 4 Administrative Law Basics

λ Administrative agencies•Created by Congress•To carry out specific duties

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Duties of Administrative Agencies

λ Rule making (legislative)λ Adjudication of individual

cases (judicial)λ Administrative activities

(executive)

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Rule making under APA

λ Steps• Review of Proposed Rule by OMB• Notice of Proposed Rule - Federal

Register• Public input• Review of draft Final Rule by OMB• Final Rule - Federal Register

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Types of rule making

λ Informalλ Formal (not favored by

agencies)λ Hybridλ Exempted (not favored by

courts)

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Public input

λ Informal - written commentsλ Formal - formal public hearing,

sworn witnessesλ Hybrid - written comments,

informal public hearingλ Exempt - no public input

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Exempt rule making

λ Military/Nat’l security• Speed, secrecy

λ Emergencies - written comment at same time as rule effective

λ Interpretiveλ General policy statement

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Judicial review of rule making

λ Delegation unconstitutionally vague

λ Constitutional standard violatedλ Beyond scope of statutory

authorityλ Proper procedure not followed

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Agency adjudication

λ Administrative law judgeλ Issues

• Dispute findings• Dispute fine/compliance order• Dispute denial of benefits• Other

λ Intra-agency appeal

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Administrative duties

λ Advisingλ Conducting researchλ Issuing permitsλ Managing propertyλ Administering contracts &

grants

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Limitations on agency power

λ Constitutionalλ Statutoryλ Institutionalλ Judicial

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Institutional limitations

λ Executive• Presidential appointment• OMB budget recommendations• OMB regulatory review• Executive orders

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Institutional limitations

λ Legislative• Oversight• Power to terminate or amend

enabling statute• Power of appropriations• Advise & consent of Senate on

nominationsλ Judicial review of agency

actions

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Types of agencies

λ Executive - head serves at pleasure of President

λ Independent - head appointed by President, serves for fixed term

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Federal Agencies with environmental responsibilities

λ EPA• Independent, but head serves at

pleasure of President• Created by executive order

λ Department of Interior• Bureau of Land Management• U.S. Fish & Wildlife Service• National Park Service

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Federal Agencies

λ Department of Agriculture• Forest Service• Natural Resources Conservation

Service• Farm Service Agency• Animal, Plant Health Inspection

Service• Food Safety Inspection Service

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Federal Agencies

λ Department of Labor• Occupational Safety and Health

Administration• Mine Safety and Health

Administrationλ Department of Defense

• U.S. Army Corps of Engineers

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Federal Agencies

λ Independent agencies• Consumer Products Safety

Commission• Food and Drug Administration