© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. C HAPTER 5: A DMINISTRATIVE L AW

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. A.Operation of Administrative Agencies. B.Limits on Administrative Agencies. T OPICS C OVERED C HAPTER 5: A DMINISTRATIVE L AW 2

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. O PERATION OF A DMINISTRATIVE A GENCIES  Rulemaking – process by which administrative agencies promulgate rules of law. Legislative Rules – substantive rules issued by an administrative agency under the authority delegated to it by the legislature. D IERSON V. C HICAGO C AR E XCHANGE (1997).  D IERSON V. C HICAGO C AR E XCHANGE (1997).  3

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. O PERATION OF A DMINISTRATIVE A GENCIES  Rulemaking. Interpretative Rules – statements issued by an administrative agency indicating how it construes its governing statute. Procedural Rules – rules issued by an administrative agency establishing its organization, method of operation, and rules of conduct. 4

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. O PERATION OF A DMINISTRATIVE A GENCIES  Enforcement – process by which agencies determine whether their rules have been violated.  Adjudication – formal methods by which an agency resolves disputes. A MERICAN A IRLINES, I NC. V. D EPARTMENT OF T RANSPORTATION (2000). A MERICAN A IRLINES, I NC. V. D EPARTMENT OF T RANSPORTATION (2000). 5

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. L IMITS ON A DMINISTRATIVE A GENCIES  Judicial Review – acts as a control or check by a court on a particular rule or order of an administrative agency. L UJAN V. D EFENDERS OF W ILDLIFE (2009). L UJAN V. D EFENDERS OF W ILDLIFE (2009). FCC V. F OX T ELEVISION S TATIONS (2009).  FCC V. F OX T ELEVISION S TATIONS (2009).  6

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. L IMITS ON A DMINISTRATIVE A GENCIES  Legislative Control – includes control over the agency's budget and enabling statute.  Control by Executive Branch – includes the President's power to appoint members of the agency.  7

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. L IMITS ON A DMINISTRATIVE A GENCIES  Disclosure of Information – Congressionally required public disclosure enhances oversight of agency activities. Freedom of Information Act. Privacy Act. Government in the Sunshine Act. 8

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. L IMITS ON A DMINISTRATIVE A GENCIES Executive Control  Power of appointment  Budgetary control  Impoundment of monies appropriated  Restructuring of executive agencies Judicial Review  Excess of authority  Proper interpretation of applicable law  Violation of constitution  Violation of required legal procedure ADMINISTRATIVE AGENCIES Legislative Control  Power over budget  Amendment of enabling statute  Elimination of agency  Enactment of guidelines 9