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Administrative Law
Rutgers University, Newark School of Law
Dubin, Lawrence

Chapter 1: Administrative Agencies and Administrative Law

Purpose of administrative law is to keep administrative powers within their legal bounds and protect individuals from abuse of those powers.

Administrative Procedure Act (APA) seeks to contain agency acts beyond the limits set by the constitution.

Why Agencies?
– Expertise – agency is better at solving problems
– Volume – legislature and courts cannot handle quantity of efforts required
– Agency needs an enabling statute to act – agency specific or Administration Procedure Act (APA)
– Problems with agencies:
o Not mentioned in the constitution
o Not elected officials
o Combined functions (legislative, judicial, executive)
o Exercise enormous discretion

Two types of Agencies:
1) Regulatory – economic; impinge on rights
2) Social and Economic Welfare – SS; WC; Welfare

Article I Power: making of laws – legislative
Article II Power: enforcement of laws – president
Article III Power: adjudication of laws – judiciary
Ä agency may decide public and private rights cases but must have article III judicial review

– Courts role – check on agencies; decrease impact agency’s have on individuals
o Ct may give no deference to agency’s unsupported position – Bowen
§ Where first time position is taken is in an adjudicative / adversarial posture
§ Complex schemes – court more likely to defer to agencies

Gilmore(p. 1) – regulation required holographic signature; P did not comply and was denied license; P claimed that agency told that fax would be ok => Agency has discretion NOT to depart from its regulations; Ct review is the narrow one – whether Agency complied with its own rules

§ Theme – Ct defer to agencies to establish their own rules; and Ct will only make sure that those rules are followed

Chapter 2: Delegation of Powers
A. Legislative Power Delegation
– Congress cannot delegate legislative authority given by Const – (Non-delegation doctrine)
o Agencies cannot legislate, but they “really do”
o Is it OK to co

of commission.”
– There must be an Intelligible Principle – “to which the person or body authorized to act is directed to conform”
o (1) Specific agency statute must authorize the agency to act
§ Congress indeed legislated
§ (2) Set boundaries / standard;

Congress may delegate regulation over Public rights or private rights closely integrated into a comprehensive scheme e.g. workers Compensation; SS
– How specific? Depends on impact: greater impact è more specific
o “Regulating public interest” standard for great impact is NOT enough anymore after Whitman
o “Degree of agency discretion that is acceptable varies according to the scope of the power congressionally conferred” – Whitman
o “Substantial guidance (is required) in setting air standards that effect the entire national economy” – Whitman