Administrative Agencies

Agencies that the legislative and executive branches of

federal governments establish - The operations of these
administration agencies is governed by a body of
administrative law - they Known as the Fourth branch of
government

Source of Administrative Agencies
Administrative agencies are created by federal, state, and
local governments. Example - Securities Act of 1933 and
securities Act of 1934 created the Securities and Exchange
Commission (SEC).

Licensing Power
Statues requiring the issuance of a government license
before enter certain types of industries. The administrative
agency that regulates the specific area involved is granted
the power to determine whether to grant a license to an
applicant.

Judicial Power
Judicial power vested in many administrative agencies to
adjudicate cases through administrative proceeding. That
includes the power to issue an order deciding the and
assessing remedies.

Executive Power
The power to prosecute violations of statues and
administrative rules and orders. This includes the power to
investigate suspected violations, issue administrative
subpoenas, and conduct administrative searches. (New
York v Buger)

Substantive Rule
To adopt rules that advance the purpose of the statues that
the agency is empowered to enforce. These rules have the
force of law. Public notice and participation are required.
Administrative agencies have the power to adopt
substantive rules that have the force of law and must be
adhered to by covered persons and businesses.

The Equal Access to Justice Act
Enacted by the legislative branch - it protects person[s]
from harassment by federal administrative agencies. Under
the act, a private party who is the subject of an unjustified
federal administrative agency action can sue to recover
attorney fees and other cost.

Introspective Rule
Rules issued by an administrative agency to clarify or
explain existing laws or regulations. An interpretative rule
does not attempt to create a new law or modify existing
ones. The rule only provides clarifications or explanations
to a statute or regulation. Interpretative rules create no
enforceable rights and only remind affected parties of
existing duties. The rules merely state how an agency
understands a statute. Interpretative rules only interpret
the statute and thus guide the administrative agency in
performing its duties. An interpretative statement simply
indicates an agency's reading of a statute. Examples of
interpretative rules are agency manuals, guidelines, and
memoranda of administrative agencies.

Statement of Policy
Administrative agencies may issue such a statement. It
announces a proposed courses of action that an agency
intends to follow in the future.

Order
A decision by an administrative law judge - The oder must
state the reason for the ALJ's decision. The order becomes
final if it is not appealed - The appeal consists of a review
by the agency.

Substantive & Procedural Law (Administrative law)
Substantive Law is is law that an administrative agency
enforces - federal statues enacted by congress or state
statues enacted by state legislatures Procedural Law
establishes the procedures that must be followed by an
administrative agency while enforcing substantive laws.

Enabling Act
a statute that confers (as to an administrative agency) the
power or authority to engage in conduct not previously
allowed. Example - Title 28 Sec. 2072 - Rules of procedure
and evidence; power to prescribe.

Rules of procedure and evidence; power to prescribe
Title 28 Sec. 2072 enables the judiciary branch. power to
prescribe general rules of practice and procedure and rules
of evidence for cases in the United States district courts
(including proceedings before magistrate judges thereof)
and courts of appeals. Such rules shall not abridge, enlarge
or modify any substantive right. All laws in conflict with
such rules shall be of no further force or effect after such
rules have taken effect. Such rules may define when a
ruling of a district court is final.

Organic Statute
Organic statute is a statute that establishes an
administrative agency or local government and defines its
authorities and responsibilities. An organic statute forms
the foundation of a government, corporation or other
organization's body of rules. A constitution is a particular
form of organic law for a sovereign state. The term organic
statute originated from the French term Reglement
Organique, which means regulations for an organization or
governmental body. Examples of organic statutes are:
National Aeronautics and Space Act of 1958, creating the
National Aeronautics and Space Administration (NASA); or
Federal Food, Drug, and Cosmetic Act of 1938, granting
regulatory authority to the Food and Drug Administration.
An organic statute is also termed as organic act.
Please allow access to your computers microphone to use Voice Recording.
Having trouble? Click here for help.