CH 5 - Admin Law

CHAPTER 5: ADMINISTRATIVE LAW
 Why is Administrative Law soooo important??? It affects you every day, in

all of your daily life struggles you encounter administrative agencies and it is very
important to understand the structure and power of it in order to know how to
navigate the system more successfully.
 What is administrative law?
A) The body of law concerned with the power of administrative agencies.
B) Administrative law constitutes rules, regulations, orders, and adjudications.

(Procedural law)
C) Also the composite body of substantive law crested by the various agencies in
the performance of their assigned tasks.
 What is a regulation?
Rules promulgated by an administrative agency under authority given to the
agency by the enabling statute.
 What is an administrative agency?
A) Agency created by our elected officials to tackle problems they are not able to
handle (do not have the knowledge to handle)
B) The mission of the agency is narrowly defined and it is only allowed to operate
within its scope.
C) We elect Congress or other legislative body, that give their powers to these
branches through---- ENABLING STATUTES!!
 What is an Enabling Statute?

A statute that creates an administrative agency and typically also authorizes it to
perform specified actions
 TWO TYPES OF ADMINISTRATIVE AGENCIES:
1) Executive Departments- Generally, administrative bodies headed by single

persons ultimately answerable to one person, the chief executive.
EXAMPLE: Department of Defense
2) Independent Administrative Agency- An administrative body empowered to
regulate some policy area led by officials who cannot be dismissed by the
president of the US except for good cause.
EXAMPLE: CIA
 Growth of Administrative Agencies—Typically in response to some policy

dilemmas that agency is created to solve
3 Distinct Waves of Expansion:

1) 1880s Problem with big business and abusive business practices—
Emergence of independent admin. Agencies
EXAMPLE: Interstate Commerce Commission to address railroad industry
2) 1930s New Deal paradigm switch of the role of government in

regulating economy and business and supporting workers+ provide
support system for citizens
EXAMPLE: Securities and Exchange Commission
3) 1960s and 1970s Environmental protection
EXAMPLE: Environmental Protection Agency
 Administrative Procedure Act (APA)

Law that mandates procedures for federal administrative agencies.
 What are the functions of an Administrative Agency??
1) Make Laws
2) Enforce Laws --JUDGE, JURY, AND PROSECUTER
3) Adjudicate the rights of people within the scope of the agency
ALL UNDER ONE ROOF: THREE SEPARATE POWERS!!!

 RULEMAKING
What procedures must be followed in making fair regulations?
1) NOTICE- Agencies must inform the affected public of the intended rulemaking.
Notice required in the Federal Register
2) PUBLIC COMMENTS- Agencies must allow for public comments, usually
orally at public meetings and in writing.
3) PUBLISHING OF THE REGULATIONS-Final federal regulations are printed in
the Federal Register, taking effect 30 days after publication
4) RESPONSE TO COMMENTS- Sometimes, agencies are required to respond
in writing to significant comments made by other parties. If so, agency publishes
comprehensive explanations
5) WRITTEN RECORD- An agency may be compelled to maintain a rulemaking
record in case a regulation is challenged in the court.
 INVESTIGATION
When agencies seek information and engage in fact-finding activities, the term
investigation is often used.
When parties fail to cooperate with an agency, or when an agency believes it is

necessary, subpoenas can be issued to compel testimony or production of
documents, papers, records, and physical objects.
Administrative agencies have the power to search and seize property, BUT must
comply with the search and seizure provisions of the Fourth Amendment.
Less stringent requirements for warrants!
GUIDELINES FOR WARRANTS:
1) Commercial property may be search without warrant in certain situations

involving heavily regulated businesses such as mining, liquor, or weapons.
2) A warrantless search might be reasonable, or not considered a search but
merely an inspection.
3) A reasonable expectation of privacy increases the need for a warrant. Like a
person’s home.
 ENFORCEMENT
Used to gain compliance with the law, brought by the agency itself.
 AJUDICATION
Most agencies provide a hearing as an alternative to a court action when a
person is threatened with the loss of denial or some license, right, entitlement, or
privilege. HEARED BY ALJ
Administrative Law Judge (ALJ)- A government employee appointed to hear

and decide matters in administrative agency hearings.
NO PARTICULAR PROCEDURE FOR HEARINGS BUT APA SPECIFIES

MINIMUM REQUIREMENTS!!!
Under the APA, hearings must be fair in that each side has the opportunity to
submit evidence considered, the ALJ must be neutral and unbiased, and must
ensure a fair fact-finding process. Some due process but it looks different in
this context.
What rights does one have in an administrative tribunal???
1) Unbiased tribunal. Am agency employee who was not a party to the original
decision . ALJ is required to be neutral, but can work for and be paid by the
agency.
2) Notice of the proposed action and the grounds for the reason. Some
additional statement is expected about what governmental action is proposed,
along with the legal reasons for the action.
3) An opportunity to present reasons why the proposed action should not
be taken.
4) The right to call witnesses. May not be able to compel witnesses to testify.
5) The right to know the evidence against you. Some evidence may be
withheld in certain situations.
6) A decision based on evidence presented at the hearing.
7) The right to counsel. Counsel is not required to have legal training.
8) Making of a record. To allow a party the fair ability to contest.
9) Statement of reasons for the decision. Even if brief
10) Public attendance. May be allowed, but often it is not.
11) Judicial Review!!!! Most important.
 LIMITS ON AGENCY POWER:
1) Congress sets the budget.

2) Congress can destroy what they create.
3) Public Accountability
A) Freedom of Information Act- you can submit public records request to
any state agency
B) Sunshine Act- No secret agency meetings
4) Constitutional Guarantees- Judiciary will not let agency have too much power
5) Term appointments for heads, such as Dept of Defense
 Courts are reluctant to review, so please exhaust all other remedies first!
 BUT WHEN YOU HAVE EXHAUSTED ALL OTHER REMEDIES
SOLID BASIS FOR JUDICIAL REVIEW:
1) Agency exceeded the authority conferred on it by its enabling legislation.

2) Agency violated a constitutional provision.
3) Agency acted in violation of the procedural requirements.
4) Agency acted in a manner that was arbitrary or capricious, or constituted an
abuse of discretion.
5) Conclusion drawn by the agency was not supported by substantial evidence.
 Nash v. Auburn University

Did school tribunal violate students’ due process rights when deciding to expel
them? No because due process in administrative hearings does not have to look
the same as in criminal proceedings.

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CHAPTER 5: ADMINISTRATIVE LAW

 Why is Administrative Law soooo important??? It affects you every day, in

 What is administrative law?

A) The body of law concerned with the power of administrative agencies.

B) Administrative law constitutes rules, regulations, orders, and adjudications.

 What is an administrative agency?

 What is an Enabling Statute?

1) Executive Departments- Generally, administrative bodies headed by single

 Growth of Administrative Agencies—Typically in response to some policy

3 Distinct Waves of Expansion:

EXAMPLE: Interstate Commerce Commission to address railroad industry

2) 1930s New Deal paradigm switch of the role of government in

EXAMPLE: Securities and Exchange Commission

3) 1960s and 1970s Environmental protection

EXAMPLE: Environmental Protection Agency

 Administrative Procedure Act (APA)

 What are the functions of an Administrative Agency??

ALL UNDER ONE ROOF: THREE SEPARATE POWERS!!!

What procedures must be followed in making fair regulations?

When parties fail to cooperate with an agency, or when an agency believes it is

Less stringent requirements for warrants!

GUIDELINES FOR WARRANTS:

1) Commercial property may be search without warrant in certain situations

Administrative Law Judge (ALJ)- A government employee appointed to hear

NO PARTICULAR PROCEDURE FOR HEARINGS BUT APA SPECIFIES

What rights does one have in an administrative tribunal???

1) Congress sets the budget.

 BUT WHEN YOU HAVE EXHAUSTED ALL OTHER REMEDIES

SOLID BASIS FOR JUDICIAL REVIEW:

1) Agency exceeded the authority conferred on it by its enabling legislation.

 Nash v. Auburn University

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