Administrative Law Jody Blanke Professor of Computer Information Systems and Law

Administrative Law  Federal Agencies Authority from Constitution Enabled by Congress Provide needed person-power and expertise Legislative, executive and judiciary power “Fourth Branch” – “We the People”?

Federal Agencies  Executive agencies Directors appointed and removed at will by President Within cabinet departments  Food and Drug Administration (Dept. of Health and Human Services)  Federal Aviation Administration (Transportation)  Occupational Safety and Health Administration (Labor)  Patent and Trademark Office (Commerce)  Federal Bureau of Investigation (Justice)  Internal Revenue Service (Treasury)

Federal Agencies  Independent agencies Directors are appointed by President and confirmed by Senate Directors serve for a set term  Federal Trade Commission (1914)  Securities and Exchange Commission (1934)  Federal Communications Commission (1934)  National Labor Relations Board (1935)  Equal Opportunity Employment Commission (1964)  Environmental Protection Agency (1970)

Administrative Procedures Act  Provides guidelines for making rules Notice requirements Public participation Publication in Federal Register

Judicial Review  Available only after exhaustion of administrative remedies  Courts will generally defer to agency action  Grounds for judicial review: Agency acted beyond the scope of its authority Agency misinterpreted federal law Agency action violates the U.S. Constitution or other federal law Agency action is arbitrary or capricious