BLAWch5

• occurs on all levels of government
• consists of rules, regulations, orders, and decisions of administrative agencies
• created to carry out legislative powers and duties of agencies

relieve legislature from task of considering every aspect of a specific problem in order to address it

creates and empowers an agency

• executive agencies
• independent regulatory agencies (president cannot remove them without good cause)

All of them

• making rules
• enforcing the law
• adjudicating controvercies

The budget for the upcoming year has to be justified at the end of the fiscal year

• informal
• formal
• hybrid

• notice of proposed rule
• opportunity for comments and hearing of interested parties
• publication of final draft at least 30 days before its effective date

• more complex than informal
• includes trial-like agnecy hearing, including a statement of findings and conclusions

• a mix of informal and formal rulemaking
• informal rulemaking plus additional procedures according to enabling statute

• statements issued by an agency indicating how it construes its governing statute
• statements of policy - agency announces a proposed course of action that the agency intends to follow in the future
• provide clarification or guidance

• rules issued by an agency establishing its organization, method of operation, and rules of conduct
• they don't require procedure and comment (procedural due process), because no rights are taken away

• interpretive
• procedural

• conducting inspections
• issuing subpoenas

process by which an agency resolves disputes

you have to go through administrative process with the agency before going to court

• informal - mediation, arbitration, conciliation
• formal - must follow due process, hearing before an administrative judge, no jury

• general: complaining party must have been injured by agency action and must have exhausted all administrative remedies
• review of questions of law: check with enabling statute if agency exceeded its authority or violated a constitutional provision
• review of questions of fact: did agency have a rational basis for its decision?

randomly selecting with no rational or reasonable basis

agency is only to last 5 years, then reviewed

• controlling the budget
• amending the enabling statute
• establishing general rules
• reversing or changing an agency rule through legislation
• reviewing agencies by Congressional oversight committees
• Congressional power to confirm high-level administrative appointments

• president can appoint or remove chief of executive agency (not with independent/private)
• president can submit budget to Congress and ask to impound monies or restructure agencies
• president has veto power

• requires meetings of many federal agencies to be open to the public
• does not apply to staff only meetings
• agencies may close meetings for special reasons

gives public access to agency records

• agency may deny access to
• - national defense or foreign policy
• - specific exemptions by statute
• - trade secrets/privileged commercial information
• - inter-agency or intra-agency memorandum
• - personal/medical information
• - investigatory records needed for law enforcement
• - relating to the regulation of financial institutions

• judicial review
• legislative control
• executive control
• disclosure of information

• Government in the Sunshine Act (public meetings)
• Freedom of Information Act (provide access to information)
• Regulatory Flexibility Act (consider costs of regulation for small businesses)
• Small Business Regulatory Enforcement fairness Act (Congress can review new regulations for at least 60 before they can take effect)
• Equal Access to Justice Act (may recover attorney's fees and other costs if subject to unjustified federal agency action)