Chapter 6: Administrative Agencies

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.

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

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

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.

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

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