Administrative Law

Jody BlankeProfessor 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