Administrative Law

1
Administrative Law

• Jody Blanke
• Professor of Computer Information Systems and Law

2
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?

3
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)

4
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)

5
Administrative Procedures Act

• Provides guidelines for making rules
• Notice requirements
• Public participation
• Publication in Federal Register

6
Judicial Review

• Available only after exhaustion of administrative
  remedies
• Courts will general 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