11Unit 4 Administrative Law BasicsλAdministrative agencies•Created by Congress•To carry out specific duties2Duties of Administrative AgenciesλRule making (legislative)λAdjudication of individual cases (judicial)λAdministrative activities (executive)3Rule making under APAλSteps• Review of Proposed Rule by OMB• Notice of Proposed Rule - Federal Register• Public input• Review of draft Final Rule by OMB• Final Rule -Federal Register24Types of rule makingλInformalλFormal (not favored by agencies)λHybridλExempted (not favored by courts)5Public inputλInformal - written commentsλFormal - formal public hearing, sworn witnessesλHybrid - written comments, informal public hearingλExempt - no public input6Exempt rule makingλMilitary/Nat’l security• Speed, secrecyλEmergencies - written comment at same time as rule effectiveλInterpretiveλGeneral policy statement37Judicial review of rule makingλDelegation unconstitutionally vagueλConstitutional standard violatedλBeyond scope of statutory authorityλProper procedure not followed8Agency adjudicationλAdministrative law judgeλIssues• Dispute findings• Dispute fine/compliance order• Dispute denial of benefits• OtherλIntra-agency appeal9Administrative dutiesλAdvisingλConducting researchλIssuing permitsλManaging propertyλAdministering contracts & grants410Limitations on agency powerλConstitutionalλStatutoryλInstitutionalλJudicial11Institutional limitationsλExecutive• Presidential appointment• OMB budget recommendations• OMB regulatory review• Executive orders12Institutional limitationsλLegislative• Oversight• Power to terminate or amend enabling statute• Power of appropriations• Advise & consent of Senate on nominationsλJudicial review of agency actions513Types of agenciesλExecutive - head serves at pleasure of PresidentλIndependent - head appointed by President, serves for fixed term14Federal Agencies with environmental responsibilitiesλEPA• Independent, but head serves at pleasure of President• Created by executive orderλDepartment of Interior• Bureau of Land Management• U.S. Fish & Wildlife Service• National Park Service15Federal AgenciesλDepartment of Agriculture• Forest Service• Natural Resources Conservation Service• Farm Service Agency• Animal, Plant Health Inspection Service• Food Safety Inspection Service616Federal AgenciesλDepartment of Labor• Occupational Safety and Health Administration• Mine Safety and Health AdministrationλDepartment of Defense• U.S. Army Corps of Engineers17Federal AgenciesλIndependent agencies• Consumer Products Safety Commission• Food and Drug
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