Unit 4 Administrative Law BasicsDuties of Administrative AgenciesRule making under APATypes of rule makingPublic inputExempt rule makingJudicial review of rule makingAgency adjudicationAdministrative dutiesLimitations on agency powerInstitutional limitationsSlide 12Types of agenciesFederal Agencies with environmental responsibilitiesFederal AgenciesSlide 16Slide 171Unit 4 Administrative Law BasicsAdministrative agencies•Created by Congress•To carry out specific duties2Duties of Administrative AgenciesRule making (legislative)Adjudication of individual cases (judicial)Administrative activities (executive)3Rule making under APASteps•Review of Proposed Rule by OMB•Notice of Proposed Rule - Federal Register•Public input•Review of draft Final Rule by OMB•Final Rule - Federal Register4Types of rule making InformalFormal (not favored by agencies)HybridExempted (not favored by courts)5Public inputInformal - written commentsFormal - formal public hearing, sworn witnessesHybrid - written comments, informal public hearingExempt - no public input6Exempt rule makingMilitary/Nat’l security•Speed, secrecyEmergencies - written comment at same time as rule effectiveInterpretiveGeneral policy statement7Judicial review of rule makingDelegation unconstitutionally vagueConstitutional standard violatedBeyond scope of statutory authorityProper procedure not followed8Agency adjudicationAdministrative law judgeIssues•Dispute findings•Dispute fine/compliance order•Dispute denial of benefits•OtherIntra-agency appeal9Administrative dutiesAdvisingConducting researchIssuing permitsManaging propertyAdministering contracts & grants10Limitations on agency powerConstitutionalStatutoryInstitutionalJudicial11Institutional limitationsExecutive•Presidential appointment•OMB budget recommendations•OMB regulatory review•Executive orders12Institutional limitationsLegislative•Oversight•Power to terminate or amend enabling statute•Power of appropriations•Advise & consent of Senate on nominationsJudicial review of agency actions13Types of agenciesExecutive - head serves at pleasure of PresidentIndependent - head appointed by President, serves for fixed term14Federal Agencies with environmental responsibilitiesEPA•Independent, but head serves at pleasure of President•Created by executive orderDepartment of Interior•Bureau of Land Management•U.S. Fish & Wildlife Service•National Park Service15Federal AgenciesDepartment of Agriculture•Forest Service•Natural Resources Conservation Service•Farm Service Agency•Animal, Plant Health Inspection Service•Food Safety Inspection Service16Federal AgenciesDepartment of Labor•Occupational Safety and Health Administration•Mine Safety and Health AdministrationDepartment of Defense•U.S. Army Corps of Engineers17Federal AgenciesIndependent agencies•Consumer Products Safety Commission•Food and Drug
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