Administrative Law Chapter 17 Copyright 2021 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written Chapter Overview

• The def/n/t/on and role of adm/n/strat/ve law /n the U.S.

legal system

• The funct/ons and scope of adm/n/strat/ve agenc/es

and the l/m/ts on these agenc/es' powers.

• Ways /n wh/ch adm/n/strat/ve agenc/es are

accountable to the publ/c

• The role of state adm/n/strat/ve law

Copyright 2021 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education Definition, Function and Sources of Administrative Law

• Adm/n/strat/ve law

-body of (aw, drawn from various sources, that defines and regu(ates federa( regu(atory agencies and (imits the exercise of authority by these agencies.

• Federal regulatory agenc/es

-inc(ude bodies that function within a particu(ar executive branch department (such as the Interna( Revenue Service functioning within the Department of the Treasury) as we(( asnondepartment agencies (EPA) Copyright 2021 McGraw-Hill Fducation. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Fducation Primary Functions of Administrative Agencies Adm/n/strat/ve agenc/es have a w/de range of funct/ons related to: -formation, -imp(ementation, and -enforcement of regu(ations.

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Policymaking

• Adm/n/strat/ve agenc/es are charged by Congress to

study potent/al solut/ons to a problem and then to exerc/se a leg/slat/ve funct/on by creat/ng legally enforceable rules, known as adm/n/strat/ve regulat/ons, that purport to sat/sfy Congress's w/ll by f/ll/ng /n the deta/ls of the statute.

Th/s pol/cymak/ng funct/on /s known as rulemak/ng. Copyright 2021 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education Investigation and Enforcement Responsibilities include: -investigating alleged violations of the agency's administrative regulations, and -recommending enforcement actions such as fines and other sanctions. -monitor compliance with regulatory requirements through inspection of the facilities and grounds of business sites under their jurisdiction

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Licensing and Permitting

• The Secur/t/es and Exchange Comm/ss/on /ssues

l/censes to certa/n /nd/v/duals /nvolved /n publ/c trad/ng of stocks, or the Federal Commun/cat/ons Comm/ss/on's l/cens/ng of telev/s/on and rad/o stat/ons.

• Agenc/es also /ssue perm/ts such as those /ssued by

the Env/ronmental Protect/on Agency to control a/r and water pollut/on. Copyright 2021 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education Distribution of Federal Statutory Benefits to the Public

• When Congress confers a benefit to the citizenry at large,

administrative agencies are the portal used by the law to actually distribute those benefits.

• Agencies are involved in the

application process and distribute benefits according to law.

• For example, the Social Security Administration is

responsible for distributing retirement and medical benefits to eligible citizens. Copyright 2021 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education Sources of Administrative Law

• U.S. Const/tut/on
• Adm/n/strat/ve Procedures Act (APA)
• Enabl/ng Statutes
• Common Law

Copyright 2021 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education Scope of Administrative Agency Power These powers /nclude pol/cyrnak/ng through: -ru(emaking, -enforcement/(icensing, and -adjudication Copyright 2021 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education

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