Fed Admin

Is Congress' Delegation of Power to Agency OK?

• 1. Delegation was w/o Limitations
• 2. OR w/o Standards (Mistretta & Whitman)

• Agency Guided by "intelligible Principle"
• Based upon "Determinate Critereon"

Requisite to protect Health and Welfare (Not too broad an intelligible Principle)

When he has good cause, b/c there is no violation of separation of powers.

• "Public Right" = Agency can adjudicate
• Striclty Private Right = Agency CANNOT adjudicate
• Private Right = Integral part of Regulatory Scheme = Can Adjudicate

• NY v Berger Generally not ok unless:
• a. Substantial Gov Interest
• b. WI essential to furthering the interest
• c. Industry lowered expectation of privacy
• d. Authorized by Statute

• Agency Subpoenas are not self executing
• Individual can never challenge Agency Jurisdiction
• Subpoena can't be fishing expedition

• Gov must give info pursuant to FOIA request unless:
• a. Trade Secrets
• b. Unwarranted Invasion of Personal Privacy (always met if about you)
• c. Law Enforcement Exception

• Gov can't give personal info out w/out permission
• Zone of Privacy is constitutionally protected
• Privacy not violated if: Law already adequately protects Privacy.

• Decreased expectation of privacy.
• Subject to legitimate penalogical interests.

• Rule = agency statement having:
• General or particular Applicability
• AND Future Effect

A duly promulgated rule has the same force and effect as a congressional statute.

An interpretation does not.

Order = Agency's final disposition in a matter other than rulemaking and includes licensing.