FEDERAL ADMINISTRATIVE ATTACK OUTLINE
Format:
40 MC- 2pts each, 80 points total
1 Essay- 20pts total
Fed Admin in General
* Purpose of Admin law: The primary purpose of administrative law is to keep administrative powers within their legal bounds and to protect individuals against abuse of those powers.
* 3 major areas covered in Fed Admin:
1. The powers vested in AA and the methods by which powers is transferred from the legislative bodies to the AA.
2. The requirements imposed by law upon the exercise of those powers; how the agencies wield their power.
3. JR and the remedies agst unlawful AA actions
* Major Controls on AA
o US Constitution (Common issues DP’s, SOP, delegation, and the appointments clause
o Enabling Act (underlying statute/ legislation)
o APA
o Court imposed legal doctrines
*3 Major Areas of Agency Activity
o Rulemaking- promulgating rules/ regulations which have the force and effect of statutes (legislative)
o Adjudication- (hearings)- resolving disputes and appeals (judicial)
o Licensing and Administering- approving or denying permits and licenses and enforcing the law (executive function)
* Independent Agencies v Executive Agencies:
o Independent: i.e. EEOC, FDA, FERC, FTC, HUD, ICC, IRS, SSA, usually governed by 5-7 Commissioners. Commissioners are appointed by the President with advice and consent of the Senate. Commissioners are subject to removal only for case.
o Executive: i.e. Secretary of State, Secretary of Defense, Secretary Interior. Usually, the Department head will report directly to the President and is subject to removal at will.
RULES and Rulemaking
*GENERAL RULES on rulemaking:
o
e thereof in accordance with law.
§ The notice shall include:
· 1- a statement of the TIME, PLACE, AND NATURE of public rule making proceedings;
· 2- reference to the legal authority under which the rule is proposed; and
o Normally, the agency’s enabling statute
o May make reference to APA
· 3- either the terms or substance of the proposed rule or a description of the subjects and issues involved.
· Sometimes even a draft of the proposed rule is attached
§ EXCEPT when notice or hearing is required by statute, this subsection does not apply:
A- to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or