1. Chapter 6: Administrative Agencies

2. Protection From Secret Government
Citizens have right to know what most administrative agency records contain.
Most agency meetings must be open to the public.
The public may be invited take part in rule making.
Publication in the Federal Register makes most agency actions known.

3. Laws Governing Administrative Agencies
Chapter 6
Laws Governing Administrative Agencies
public announcement of actions
open records
open meetings
procedural rights in
hearings and enforcement
Administrative
Procedure Act (APA)
Freedom of Information
Act (FOIA)
requests for documents
copying and disclosure of documents
advance notice of meeting
open to public
advance disclosure of agenda items
Sunshine Act
(open meeting law) 2

4. Example: Federal Trade Commission
Five Commissioners, with One Serving as Chair
Office of Public
Information
Administrative
Law Judges
General
Counsel
Policy Planning
and Evaluation
Secretary
Executive Director
Assistant Executive
Director for
Management
Bureaus
Competition Consumer Protection Economics

5. Agency Powers
The administrative agency combines the three functions that are kept separate under our traditional governmental system:
Legislative: adopts regulations that have the force of law.
Executive: carries out and enforces the regulations, makes investigations, and requires the production of documents.
Judicial: acts as a court to determine if there has been a violation of any regulation.

6. The Administrative Chain of Command
We, the People
Executive Branch
Legislative Branch
Judicial Branch
The Administrative Agency
Executive Function
Legislative Function
Judicial Function
Limited Review
Appeal

7. Adoption of Regulations
Enabling act
Study
Draft of Rules
Publication of Proposed Rules
Rules Modified and Republished OR
Public Comment, then…
Rules Adopted OR
Rules Modified, then Adopted