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Administrative Law
University of Iowa School of Law
Bonfield, Arthur E.

Administrative law Aug 26 2008 1-16, FAPA §§551(1);559, IAPA §§17A.1;.2(1);23

I.                    Introduction
a.       An agency other than the courts that affect the individuals rights of a person
i.      Agency, department etc.
ii.      Every state and local government have their own agencies, dept. of agriculture, education etc.
iii.      Admin. Law deals with the principals common to all agencies
1.      Source and legitimacy of agency authority
2.      Procedure that agencies operate
3.      Agency law applying, adjudication
4.      Prosecution
5.      Investigation
6.      Judicial review and legislative, and executive review of agency action
iv.      Why should you care?
1.      We live in an administrative state
v.      The typical admin agency does multiple functions
1.      The investigate
2.      Prosecute
3.      Rule make
4.      Adjudicate
b.      Regulatory- enforce and enact rules
c.       Benefactory- disperse benefits like SSI
d.      State v. federal admin. Law
i.      Occupational licensing is done by the state, education, state tax, public health safety welfare, etc.
ii.      As fed. Gov. deregulated stuff the states began regulating those areas
iii.      The problems between state and fed. Differ, so the process differs
1.      State agencies have smaller staff
2.      State constituencies are smaller
3.      State run by part-timers on top who have other real jobs
4.      States are structured so that interests are formally included in board or leadership
5.      State less funded
6.      States often deal with less educated wealthy people
7.      Public is often not represented by lawyers in state level on first contact
8.      States often deal in less money issues
9.      Federal staff is usually full time
10. Legal framework of state and fed is different
a.       There are different levels in state government that is the county city etc.
b.      Some state agencies are directly created by the state constitution which puts them in a different relationship with the state legislature than the at of the federal agencies, therefore they might have less regulation or legislative regulation than the fed.
c.       Some state agency heads are elected as opposed to appointed
e.       They do not deal with substantive law it is more like civil procedure they all share some of that in common so we learn the procedures of working with the agencies
f.        The federal APA administrative procedures act, they are state and federal – a statute passed by the legislature that regulates agency procedures- the purposes of an APA are
i.      To provide adequate procedural protection for private rights
ii.      To ensure that agencies act in a manner that is consistent with the political will of the community
iii.      To ensure to the extent reasonably feasible some uniformity among the procedures of all agencies
iv.      To make sure that agencies function effectively, efficiently and economically- there will be a need to balance by the legislature the need for protection of rights and uniformity, and the public will, balanced by the need for efficient and effective and economic government
g.       Will study the Federal APA and the Iowa APA
h.       We will also study procedural due process as it applies to agencies and other statutes and common law notions as they apply to agencies
i.      APA’s are generally characterized as comprehensive and general
1.      Comprehensive because they cover
a.       Access to the content of agency law
b.      Rulemaking procedures- agencies are authorized to make rules- rules look like statutes only they are made by agencies, and if they are made correctly they are law
c.       Adjudication procedures- regulate the procedures by which individuals are found to violate or fall within a rule that the agency has made
d.       Judicial review, legislation, and executive review or agency action
2.      they are general because both federal and state APA’s
3.      they do not cover local governments, [state] the reason being that the same procedures cannot function for both because of size, the other reason why is that in most states local governments are so powerful and so many of them that they fight any attempt to regulate them
ii.      the relation to statutes to APA’s
1.      they are in addition to statutes, that is the APA is the floor, and if there are more that you have to do by statute then you will have to do more, so the APA is the baseline, 559, 23, APA is in addition to other law
2.      Who is covered by the act? Federal 551(1) every agency other than the courts, congress, or president
3.      To what agencies does the IAPA apply 17a.2- not the governor, or general assembly, or the judicial branch or any of its components
4.      Must the agency enabling act say that the APA applies to it, Both state or federal respectively?
a.       They do not have to say that, by their essence APA’s automatically apply to the agencies that apply to the agencies in the scop

ions well because they need to go through a lengthy permit process
iii.      Clearinghouse- that is that they have to submit a report and if the agency does nothing then they can proceed, if the agency says stop then they cannot- different from a permit because the agency must be proactive in stopping it as opposed to asking permission
d.      Investigation and law enforcement
i.      Must have power to investigate and enforce laws because they will not do it themselves
e.       Adjudication
i.      Administrative law judges- generalists and not specific, have ability to appeal to the head of the department
ii.      Due process restrictions- therefore look like a real court proceeding
iii.      Agency is usually a party to the dispute but not always
f.        Ratemaking
i.      Legislatures don’t have time to set rates for every industry so the agencies do it, it is sensitive and looks a lot like rulemaking or adjudication, depends whether it is company wide or industry wide
g.       Judicial review
i.      Go to real judge on substantive law to see if administrative rules are good
h.       Legislative and executive review
i.      Power of legislature to change budget
ii.      Power of leg, or governor to monitor activities and amend the enabling charter
iii.      Power of governor to remove head of agency for any reason, or if an independent agency for good reason
III.               Costs and benefits of administrative reform
a.       Cost benefit analysis- not that simple to weigh, need to take into account value to the consumers etc.
b.      Discretion of agencies need to be unfettered to it can move in relation to market conditions but at the same time it needs to be monitored so that it is not arbitrary