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