ADMINISTRATIVE REGULATION

1
ADMINISTRATIVE REGULATION

• Approaches to Social Problems
• The Market
• The Courts
• Legislation
• Administrative Agencies

2
Administrative AgenciesAdvantages

• Expertise
• Combination of Functions
• Executive
• Legislative
• Judicial
• Procedural Flexibility
• Speed / Cost

3
Agency Functions

• Legislative
• Make Rules (Regulations)
• Executive
• Enforce and Administer Regulations
• Judicial
• Adjudicate Complaints under Regulations

4
Controls on Agency Action Legislative Controls

• Enabling / Organic Act -- creates agency
• Amend or Repeal Enabling / Organic Act
• Approve Appointments to Agency
• Budget
• Oversight Hearings
• Specific Legislation

5
Specific Legislation as Control on Agency Action

• Administrative Procedures Act (APA)
• Freedom of Information Act
• Open Meetings Laws
• Federal Privacy Act
• Sunset Laws
• Zero-Based Budgeting
• Ombudsman

6
Controls on Agency Action Executive Controls

• Appoint Officials of Agency
• Budget -- Approve Actual Spending
• Veto Legislation affecting Agency
• Office of Management Budget (OMB) Review --
  Cost Benefit Analysis of Regulations

7
Controls on Agency Action Judicial Review

• Is the Agency Acting Within Its Jurisdiction?
• Has the Agency Followed Proper Procedures?
• Does the Agency Have Evidentiary Support for Its
  Findings or Decisions?

8
Controls on Agency Action Other Controls

• Public Opinion
• The Media / Press

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Administrative Rulemaking

• Types of Rulemaking
• Formal (Public Hearing)
• Informal (Notice Comment)
• Hybrid (Mixture of Both)
• Notice Requirements
• Public Comments
• Judicial Review of Rulemaking

10
Administrative Adjudication

• Enforcement Actions
• Hearings
• Penalties / Sanctions
• Judicial Review of Decision
• Exhaustion Rule
• Standing Ripeness
• Substantial Evidence to Support Decision
• Did Agency Abuse Discretion

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Judicial Review of Agency Action

• Exhaustion Rule Must be Final Agency Action
• Exceptions
• Agency Acting Outside Jurisdiction
• Agency Action Will Cause Irreparable Harm
• Standing
• Ripeness
• Has Agency Abused Discretion