1 Unit 4 Administrative Law Basics l Administrative agencies Created by Congress To carry out specific duties

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

3 Rule making under APA l 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 l Informal l Formal (not favored by agencies) l Hybrid l Exempted (not favored by courts)

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

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

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

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

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

10 Limitations on agency power l Constitutional l Statutory l Institutional l Judicial

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

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

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

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

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

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

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