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Administrative Law
UMKC School of Law
Eckhardt, William G.

Administrative Law
Spring 2016
>>THIS OUTLINE IS A MODIFIED, UPDATED (MAY 2016) VERSION OF A PRE-EXISTING OUTLINE. Slides and notes from Spring 2016 have been incorporated into this outline.
What is Administrative Law?
Courts expect the Agency to follow their regulations; if not, the courts won’t look at the problem
Act w/ good judgment and w/o emotion
Articulate the reasoning
Components of Administrative Law
Application of system
DP, Constitution is a floor
Review of the system
Agency act as a court?
Agencies have zero inherent power
Ladder: Go up and down. Each of these is a lens through which to see the problem
Specific statutes / Enabling Act
Agency rules and regulations
How to appeal, where you file information
Standards of proper procedure
Judge-made law
Gilmore v. Lujan
Act specifically requires an original signature sent in; guy is denied b/c he sent a copy
b/c the req’t was so specifically laid-out, the Ct. cannot penalize the Agency’s decision b/c they followed the rules
Administrative Agencies
Wyeth v. Levine
In all pre-emption cases, and particularly in those in which Congress has legislated in field which the states have traditionally occupied, court starts with assumption that historic police powers of states were not to be superseded by federal act, unless that was clear and manifest purpose of Congress.
Federal drug labeling requirements were the “floor” requirements; state laws required more.
Types of Agencies
Types of Agencies
Regulatory agencies
Licensing power
Rate-making power
Power over business practices
Non-regulatory agencies
Employee benefits
Scheme of social insurance
Welfare; Veterans
Agencies and Accountability (Congress, the Courts, the President)
Agency Accountability and Congress:
INS v. Chadha
Presentment clause (bill has to be presented to the Chief Executive after it goes through both houses)
Bicameral requirement
Improper legislative control
Proper Legislative Control:
Informal oversight
Formal hearings
New legislation
“Report and wait” – CRA Congressional Review Act of 1996
“Sunset Laws” – controversial law is given a finite life span
US v. Nasir
Congressional Review Act “requires congressional review of agency regulations by directing agencies to submit the rule before it takes effect to the Comptroller General and each house of Congress”
Requirement is a “major rule”
New Energy Economy v. Martinez
midnight regulations
Independent agencies: the legislature determines that the executive doesn’t need to control (lacks authority over) these agencies. Statute gives specific authorization or prevention or limitation of control by the executive.
Agency Accountability and the Courts:
Johnson v. US RR Retirement Bd (MIKVA!)
When is an agency free to ignore the decisions of the US Ct. App?
Intracircuit uniformity required (but agencies can act differently in other circuits)
Agency Accountability and the President:
Humphrey’s Executor v. US
FTC is an administrative body created to carry into effect legislative policies; is neither an arm nor eye of the executive
If there is a need for independence of an agency, then Congress can set a term for its officers and allow removal only for good cause.
“President can remove any commissioner for inefficiency, neglect of duty, malfeasance in office” à GOOD CAUSE EXCEPTION, not “AT WILL”
Morrison v. Olson
Hiring & firing
Appointment: type of officer? Appointed by other branch?
Officers of the US: “nominated by president with the advice and consent of the senate”
Inferior officers: Const. says appointment by President, The Court, Heads of Depts.
Impeachment: (1) Indict; (2) Trial/vote

st action against ascertainable standards
Where to look for guidance for a “Standard” or “Intelligible Principle”
Hone in on the enabling statute  read the clause; might be something in purpose, or in the delegation
Committee reports, legislative history
Go to related acts  use comparable language, to see what Congress meant
Administrative practices
Residual authority of the person who implements it  they’re a little bit looser in their language
Panama refining: “Hot Oil”
Schechter poultry: “Sick Chicken”
à “no standard” “no policy” “no rule” à delegation impermissibly broad; no limitation or guidance in any meaningful way
American Trucking Assn. v. EPA
Court found that the EPA interpretation – but not the statute itself – violated the non-delegation doctrine
Court’s rationale:
To eliminate agency arbitrariness
To facilitate judicial review
To ensure that only Congress makes major policy decision
Whitman v. American Trucking Ass’n 
If there is a defect in the statute the agency is unable to cure the defect. 
“Not just no, but hell no”
Look to Congress, not the Agency.
State v. All Pro Paint & Body Shop (Louisiana)
“Schwegmann test”
enabling statute…
contains a clear expression of legislative policy (WHAT)
Prescribes sufficient standards to guide the agency in the execution of that policy (WHEN)
Accompanied by adequate procedural safeguards to protect against abuse of agency discretion (the HOW)