🦹Intro to Law and Legal Process Unit 8 – Administrative Law Basics

What's Administrative Law?

• Governs the creation and operation of administrative agencies
• Agencies are part of the executive branch but have quasi-legislative and quasi-judicial powers
• Ensures agencies act within their legal authority and follow proper procedures
• Protects individual rights in interactions with agencies
• Covers a wide range of areas (environmental protection, public health, securities regulation)
• Aims to balance agency expertise and efficiency with accountability and fairness
• Emerged in the late 19th and early 20th centuries as government took on more complex roles

Key Players in Administrative Law

• Administrative agencies that create, implement, and enforce regulations
  • Examples include the Environmental Protection Agency (EPA) and the Securities and Exchange Commission (SEC)
• Congress, which delegates power to agencies through enabling statutes
• The President, who oversees agencies and appoints top officials
• The courts, which review agency actions and decisions
• Regulated parties, such as businesses and individuals affected by agency actions
• Public interest groups that advocate for or against agency policies
• Administrative law judges who preside over agency hearings and make initial decisions

Sources of Administrative Power

• Enabling statutes passed by Congress that create agencies and define their powers
• The Constitution, which allows Congress to delegate legislative power to agencies
• Executive orders issued by the President to direct agency actions
• Agency regulations that have the force of law
• Interpretive rules and guidance documents that clarify agency policies
• Court decisions that interpret agency authority and review agency actions
• Treaties and international agreements that agencies help implement

Rulemaking Process

• Informal rulemaking, also known as notice-and-comment rulemaking
  • Agency publishes proposed rule in the Federal Register
  • Public has opportunity to submit comments
  • Agency considers comments and publishes final rule with explanation
• Formal rulemaking, used when required by statute
  • Involves a trial-like hearing before an administrative law judge
  • Parties can present evidence and cross-examine witnesses
• Negotiated rulemaking, where agency brings together stakeholders to reach consensus
• Direct final rulemaking for noncontroversial rules
• Agencies must consider costs and benefits of rules
• Rules can be challenged in court on procedural or substantive grounds

Adjudication in Administrative Agencies

• Agencies often have the power to adjudicate disputes and impose penalties
• Less formal than court proceedings but still must follow due process
• Typically begins with a complaint or notice of violation
• Hearing before an administrative law judge
  • Parties can present evidence and call witnesses
  • ALJ issues an initial decision
• Appeals within the agency (to the agency head or a review board)
• Final agency decision can be appealed to federal court
• Examples include Social Security disability claims and FCC licensing decisions

Judicial Review of Agency Actions

• Courts can review agency actions to ensure they are legal and reasonable
• Most agency actions are reviewed under the Administrative Procedure Act (APA)
• Two main types of review:
  • Procedural review: Did the agency follow required procedures?
  • Substantive review: Is the agency's decision arbitrary, capricious, or contrary to law?
• Chevron deference: Courts defer to reasonable agency interpretations of ambiguous statutes
• Skidmore deference: Courts give weight to agency expertise and consistency
• Courts can vacate or remand agency actions, but cannot substitute their judgment

Limits on Administrative Power

• Nondelegation doctrine: Congress cannot delegate legislative power without clear guidelines
  • Rarely enforced by courts but still a theoretical limit
• Constitutional limits (due process, equal protection, free speech)
• Statutory limits in enabling acts and the APA
• Procedural requirements for rulemaking and adjudication
• Judicial review of agency actions
• Political oversight by Congress and the President
• Sunset provisions that automatically terminate agency programs
• Paperwork Reduction Act and other laws that limit agency information collection

Real-World Impact of Administrative Law

• Affects a wide range of industries and individuals (from farmers to tech companies)
• Can impose significant costs on businesses through regulations
• Protects public health and safety (food and drug safety, environmental protection)
• Ensures fair competition and prevents fraud (antitrust enforcement, securities regulation)
• Provides benefits and services (Social Security, veterans' benefits)
• Shapes major policy debates (climate change, immigration, healthcare)
• Can be controversial and politically charged (EPA regulations, FCC net neutrality rules)
• Constantly evolving as agencies adapt to new challenges and technologies