PUBLIC HEALTH LAW AS A BRANCH OF ADMINISTRATIVE LAW

1
PUBLIC HEALTH LAW AS A BRANCH OF
ADMINISTRATIVE LAW
Elizabeth Trevino, Dr.PH, MPH
UNT School of Public Health The Texas Public
Health Training Center
2
Objectives

• The Functions of Administrative Agencies
• The Delegated Powers of Administrative Agencies
• Combines
• Rule Making
• Decision Making
• The Role of Law in the Administration of Public
  Health

3
Public Health Law has Diverse Implications

• Civil Law - contractual dealings between sellers
  and buyers
• Criminal Law - sets standards and defines
  appropriate conduct
• Constitutional v. Legislative v. Case Law
• Administrative Law - Specific agencies have both
  rule-making and decision-making powers

4
Administrative Law

• Law of Government
• Controls much of the organization and internal
  function of government agencies
• Administrative Law and Public Health
• Classic government service
• Key administrative law practice area

5
Administrative Agencies

• When a law provides for a program framework to
  carry out program services and enforcement it is
  likely to develop an Administrative Agency
• The agency is created to carry out designated
  tasks in a defined program

6
The Functions of Administrative Agencies

• Provide technical and specialization as well as
  efficiency and continuity in the management of
  programs
• Areas less subject to rapid change are less
  likely to be managed by administrative agencies

7
Administrative Agencies

• Develop and enforce rules and regulations through
  Administrative Law
• Vaccination Programs
• Safety Regulations
• Administrative law circumvents the traditional
  separation of powers among the legislative,
  executive and judicial branches
• Promulgation of law legislative
• Enforcement of law executive
• Determination of Compliance judicial

8
Enactment of Statutes

• Administrative agencies have the authority to
  develop rules and regulations to implement the
  intent of the law
• There is a collaboration between experts in the
  field and stakeholders (companies and
  organizations to be affected by the law)
• Public hearings
• Revisions
• Oversight committees - do the rules meet the
  intent of the law and match the scope of the law

9
Administrative Law

• Enforcement
• Typically rests with the specific agency program
  staff
• Compliance-related inspections

10
Determination of Compliance

• Correction notice and sanctions
• Potential challenge
• Hearing with evidence presented
• Recommendation to the agency head and issuance of
  the final decision

11
Administrative law

• Limited Separation of Powers
• Agencies must have technical expertise to insure
  the intent of the law is fulfilled
• Must keep up with changing technologies
• Legislative bodies do not put extensive details
  into statutes

12
Checks and Balances

• Committees or legislatures oversee the
  promulgation of rules
• Public notice
• Modification or withdrawal
• Judicial review of decisions
• evidentiary hearings
• most are for claims that the agency violated
  procedural terms
• Judges are reluctant to overturn factual issues
  of safety and health

13
Factors Influencing the Need for Administrative
Law

• Need for technological and professional experts
  in applying statutes
• Flexibility for future changes of laws
• Increasing regulatory role of government

14
Delegated Powers of Administrative Agencies

• Higher government can choose not to exercise its
  full authority and shift that authority to a
  lower level of government
• Accomplished by delegating or requiring/authorizin
  g lower levels of government to exercise
  authority of the higher level

15
Limits of Administrative Agencies

• Agencies that exceed their power may have both
  their regulations and rules attacked for being
  beyond their authority
• Legislative limitations are left to the
  discretion of the agency with due regard to its
  expertise

16
Rule Making

• Specific rules can be applied to an agency in the
  delegation process
• General limits are more often set - all parts of
  the health code must be consistent with state law
• Because of the expertise involved, a court is
  more likely to uphold a health regulation rather
  than invalidate it

17
Police Power

• Many public health laws are enacted and enforced
  under what is known as the states police power
• Police power can be vested in administrative
  agencies - making them accountable for the manner
  in which responsibilities are executed
• The delegation of rulemaking powers to an
  administrative agency permits the agency to fill
  in the details of the legislative mandate

18
Police Power

• If a health department is given a mandate to
  insure that restaurants are kept sanitary
• It can then update its rules regarding restaurant
  sanitation for reasons such as improved
  technology from week to week and still remain
  within the scope of the mandate
• Neither courts nor legislature could do this
  without changing laws
• This keeps Public Health agencies from becoming
  obsolete

19
Police Power

• Federal register records the new regulation
• notice to the public
• affected industries and public interest groups
• set time period to submit written comments
• After the comment period, the regulation may be
  promulgated with an indication of changes adopted
  or rejected

20
Decision Making

• Administrative agencies generally have the
  authority to decide cases and disputes that arise
  under the agencys regulations
• Deciding how the purpose of the agency relates to
  the individuals in the context of the agencys
  policies maintains continuity and promotes the
  agencys policies which improve its effectiveness

21
Dispute Resolution

• The result of the administrative adjudication is
  as valid as a judgement in a court of law
• Courts can, however, review administrative
  determinations
• Generally dont review the technical validity of
  the case
• Review the procedural validity
• Uphold the decision if the evidence and
  conclusion is essentially reasonable

22
The Role of Law in the Administration of Public
Health

• Regulations and the authority to make regulations
  is delegated to the specific agency or office
• Agencies must exercise their power to try and
  decide cases that arise under their regulations
• Agencies ultimately must protect the public
  health and assure a safe environment