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

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

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

4. 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

5. 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

6. 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

7. 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?

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

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

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

11. 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