1. ARE 309Ted Feitshans04-1 Unit 3 Administrative Law Basics Administrative agencies –Created by Congress –To carry out specific duties

2. ARE 309Ted Feitshans04-2 Duties of Administrative Agencies Rule making (legislative) Adjudication of individual cases (judicial) Administrative activities (executive)

3. ARE 309Ted Feitshans04-3 Rule making under APA 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. ARE 309Ted Feitshans04-4 Types of rule making Informal Formal (not favored by agencies) Hybrid Exempted (not favored by courts)

5. ARE 309Ted Feitshans04-5 Public input Informal - written comments Formal - formal public hearing, sworn witnesses Hybrid - written comments, informal public hearing Exempt - no public input

6. ARE 309Ted Feitshans04-6 Exempt rule making Military/Nat’l security –Speed, secrecy Emergencies - written comment at same time as rule effective Interpretive General policy statement

7. ARE 309Ted Feitshans04-7 Judicial review of rule making Delegation unconstitutionally vague Constitutional standard violated Beyond scope of statutory authority Proper procedure not followed

8. ARE 309Ted Feitshans04-8 Agency adjudication Administrative law judge Issues –Dispute findings –Dispute fine/compliance order –Dispute denial of benefits –Other Intra-agency appeal

9. ARE 309Ted Feitshans04-9 Administrative duties Advising Conducting research Issuing permits Managing property Administering contracts & grants

10. ARE 309Ted Feitshans04-10 Limitations on agency power Constitutional Statutory Institutional Judicial

11. ARE 309Ted Feitshans04-11 Institutional limitations Executive –Presidential appointment –OMB budget recommendations –OMB regulatory review –Executive orders

12. ARE 309Ted Feitshans04-12 Institutional limitations Legislative –Oversight –Power to terminate or amend enabling statute –Power of appropriations –Advise & consent of Senate on nominations Judicial review of agency actions

13. ARE 309Ted Feitshans04-13 Types of agencies Executive - head serves at pleasure of President Independent - head appointed by President, serves for fixed term

14. ARE 309Ted Feitshans04-14 Federal Agencies with environmental responsibilities EPA –Independent, but head serves at pleasure of President –Created by executive order Department of Interior –Bureau of Land Management –U.S. Fish & Wildlife Service –National Park Service

15. ARE 309Ted Feitshans04-15 Federal Agencies Department of Agriculture –Forest Service –Natural Resources Conservation Service –Farm Service Agency –Animal, Plant Health Inspection Service –Food Safety Inspection Service

16. ARE 309Ted Feitshans04-16 Federal Agencies Department of Labor –Occupational Safety and Health Administration –Mine Safety and Health Administration Department of Defense –U.S. Army Corps of Engineers

17. ARE 309Ted Feitshans04-17 Federal Agencies Independent agencies –Consumer Products Safety Commission –Food and Drug Administration