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Unit 3 Administrative Law Basics

Unit 3 Administrative Law Basics. Administrative agencies Created by Congress To carry out specific duties. Duties of Administrative Agencies. Rule making (legislative) Adjudication of individual cases (judicial) Administrative activities (executive). Rule making under APA. Steps

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Unit 3 Administrative Law Basics

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  1. Unit 3 Administrative Law Basics • Administrative agencies • Created by Congress • To carry out specific duties

  2. Duties of Administrative Agencies • Rule making (legislative) • Adjudication of individual cases (judicial) • Administrative activities (executive)

  3. Rule making under APA • 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

  4. Types of rule making • Informal • Formal (not favored by agencies) • Hybrid • Exempted (not favored by courts)

  5. Public input • Informal - written comments • Formal - formal public hearing, sworn witnesses • Hybrid - written comments, informal public hearing • Exempt - no public input

  6. Exempt rule making • Military/Nat’l security • Speed, secrecy • Emergencies - written comment at same time as rule effective • Interpretive • General policy statement

  7. Judicial review of rule making • Delegation unconstitutionally vague • Constitutional standard violated • Beyond scope of statutory authority • Proper procedure not followed

  8. Agency adjudication • Administrative law judge • Issues • Dispute findings • Dispute fine/compliance order • Dispute denial of benefits • Other • Intra-agency appeal

  9. Administrative duties • Advising • Conducting research • Issuing permits • Managing property • Administering contracts & grants

  10. Limitations on agency power • Constitutional • Statutory • Institutional • Judicial

  11. Institutional limitations • Executive • Presidential appointment • OMB budget recommendations • OMB regulatory review • Executive orders

  12. Institutional limitations • Legislative • Oversight • Power to terminate or amend enabling statute • Power of appropriations • Advise & consent of Senate on nominations • Judicial review of agency actions

  13. Types of agencies • Executive - head serves at pleasure of President • Independent - head appointed by President, serves for fixed term

  14. Federal Agencies with environmental responsibilities • EPA • Independent, but head serves at pleasure of President • Created by executive order • Department of Interior • Bureau of Land Management • U.S. Fish & Wildlife Service • National Park Service

  15. Federal Agencies • Department of Agriculture • Forest Service • Natural Resources Conservation Service • Farm Service Agency • Animal, Plant Health Inspection Service • Food Safety Inspection Service

  16. Federal Agencies • Department of Labor • Occupational Safety and Health Administration • Mine Safety and Health Administration • Department of Defense • U.S. Army Corps of Engineers

  17. Federal Agencies • Independent agencies • Consumer Products Safety Commission • Food and Drug Administration

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