ADMINISTRATIVE REGULATION Approaches to Social Problems: “The Market” The Courts Legislation Administrative Agencies

Administrative Agencies: Advantages Expertise Combination of Functions –Executive –Legislative –Judicial Procedural Flexibility Speed / Cost

Agency Functions Legislative: – Make Rules (Regulations) Executive: –Enforce and Administer Regulations Judicial: –Adjudicate Complaints under Regulations

Controls on Agency Action: Legislative Controls: Enabling / Organic Act -- creates agency Amend or Repeal Enabling / Organic Act Approve Appointments to Agency Budget Oversight Hearings Specific Legislation

Specific Legislation as Control on Agency Action: Administrative Procedures Act (APA) Freedom of Information Act Open Meetings Laws Federal Privacy Act Sunset Laws Zero-Based Budgeting Ombudsman

Controls on Agency Action: Executive Controls: Appoint Officials of Agency Budget -- Approve Actual Spending Veto Legislation affecting Agency Office of Management & Budget (OMB) Review -- Cost & Benefit Analysis of Regulations

Controls on Agency Action: Judicial Review Is the Agency Acting Within Its Jurisdiction? Has the Agency Followed Proper Procedures? Does the Agency Have Evidentiary Support for Its Findings or Decisions?

Controls on Agency Action: Other Controls Public Opinion “The Media / Press”

Administrative Rulemaking Types of Rulemaking: –Formal (Public Hearing) –Informal (Notice & Comment) –Hybrid (Mixture of Both) Notice Requirements Public Comments Judicial Review of Rulemaking

Administrative Adjudication Enforcement Actions Hearings Penalties / Sanctions Judicial Review of Decision –Exhaustion Rule –Standing & Ripeness –Substantial Evidence to Support Decision –Did Agency Abuse Discretion

Judicial Review of Agency Action Exhaustion Rule: Must be Final Agency Action Exceptions: –Agency Acting Outside Jurisdiction – Agency Action Will Cause Irreparable Harm Standing Ripeness Has Agency Abused Discretion