Administrative Law
Federal Agencies Authority from Constitution Enabled by Congress Provide needed person-power and
expertise Legislative, executive and judiciary
power “Fourth Branch” – “We the People”?
Federal Agencies
Executive agencies Directors appointed and removed at will by
President Within cabinet departments
Food and Drug Administration (Dept. of Health and Human Services)
Federal Aviation Administration (Transportation) Occupational Safety and Health Administration (Labor) Patent and Trademark Office (Commerce) Federal Bureau of Investigation (Justice) Internal Revenue Service (Treasury)
Federal Agencies
Independent agencies Directors are appointed by President and
confirmed by Senate Directors serve for a set term
Federal Trade Commission (1914) Securities and Exchange Commission (1934) Federal Communications Commission (1934) National Labor Relations Board (1935) Equal Opportunity Employment Commission (1964) Environmental Protection Agency (1970)
Administrative Procedures Act
Provides guidelines for making rules Notice requirements Public participation Publication in Federal Register
Judicial Review Available only after exhaustion of
administrative remedies Courts will generally defer to agency action Grounds for judicial review:
Agency acted beyond the scope of its authority
Agency misinterpreted federal law Agency action violates the U.S. Constitution
or other federal law Agency action is arbitrary or capricious