1. Jody Blanke Professor of Computer Information Systems and Law
Administrative Law
Jody Blanke
Professor of Computer Information Systems and Law

2. Administrative Law Federal Agencies Authority from Constitution
Enabled by Congress
Provide needed person-power and expertise
Legislative, executive and judiciary power
“Fourth Branch” – “We the People”?

3. Federal Agencies Executive agencies
Directors appointed and removed at will by President
Within cabinet departments
Food and Drug Administration (Dept. of Health and Human Services)
Federal Aviation Administration (Transportation)
Occupational Safety and Health Administration (Labor)
Patent and Trademark Office (Commerce)
Federal Bureau of Investigation (Justice)
Internal Revenue Service (Treasury)

4. Federal Agencies Independent agencies
Directors are appointed by President and confirmed by Senate
Directors serve for a set term
Federal Trade Commission (1914)
Securities and Exchange Commission (1934)
Federal Communications Commission (1934)
National Labor Relations Board (1935)
Equal Opportunity Employment Commission (1964)
Environmental Protection Agency (1970)

5. Administrative Procedures Act
Provides guidelines for making rules
Notice requirements
Public participation
Publication in Federal Register

6. Judicial Review
Available only after exhaustion of administrative remedies
Courts will general defer to agency action
Grounds for judicial review:
Agency acted beyond the scope of its authority
Agency misinterpreted federal law
Agency action violates the U.S. Constitution or other federal law
Agency action is arbitrary or capricious