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 orally at the hearing Interested parties can express their views on the proposed rule in writing or Enforcement powers Investigations compliance Investigative Tools The Final Rule The final rule is published and compiled in the Code of Federal Regulations Final rules have a binding legal effect 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 After final rules are issued agencies conduct investigations to monitor 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 a settlement During this phase of the process the agency may make an offer to negotiate 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
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