Administrative Law Bureaucracy in a
TU
Democracy – 7th Edition
INSTRUCTOR’S
V
IA
MANUAL & TEST
?_
BANK
AP
PR
Daniel E. Hall
OV
Complete Instructor’s Manual & Test bank for
Instructors and Students
ED
© Daniel E. Hall
??
All rights reserved. Reproduction or distribution without permission is prohibited.
??
©Medexcellence ✅��
, Contents
TU
To the Instructor iv
Syllabi 1
Chapter 1: Introduction 8
V
Chapter 2: Bureaucracy and Democracy 13
IA
Chapter 3: Agency Discretion 20
Chapter 4: The Requirements of Fairness 28
Chapter 5: Delegation 40
?_
Chapter 6: Agency Rulemaking 51
Chapter 7: Agency Information Collections and Investigations 60
AP
Chapter 8: Formal Adjudications 72
Chapter 9: Accountability Through Reviewability 86
PR
Chapter 10: Accountability Through Accessibility 101
Chapter 11: Accountability Through Liability 117
Test Item File 134
OV
ED
??
??
ii
, Chapter 1
Introduction
TU
CHAPTER OVERVIEW
Chapter 1 provides an introduction to administrative law. Administrative regulation is
omnipresent in American life. The high level of regulation is likely the result of many
factors, such as technological complexity, increases in population, and an increased
V
interdependence of the members of the American family. As a field of law,
administrative law is concerned with defining the duties and powers of administrative
IA
agencies. More important, administrative law also defines the limits of agency powers.
Most agency structure and authority are defined by statute or executive order. Limitations
on agency authority can be found in statutes, executive orders, and, most prominently, the
Constitution.
?_
CHAPTER OBJECTIVES
After completing this chapter, the student should be able to
• Define what administrative law is and isn’t.
AP
• Identify and distinguish the sources of administrative law in the United States.
• Describe the nature and complexity of the administrative state at the federal, state,
and local levels.
• Describe the various forms of agencies.
• Explain why the administrative state is larger today than at the time of the
PR
adoption of the U.S. Constitution, and identify at least two ways administrative
law impacts your life.
LECTURE OUTLINE
OV
1.1 ADMINISTRATIVE LAW DEFINED
• Body of law developed to control and administer agency’s behavior and
function
• Administrative law defines agency’s
o Powers
o Limitations
ED
o Procedures
1.2 SOURCES OF ADMINISTRATIVE LAW
1.2(a) Constitution
• Significant source of law in the administrative context, including;
??
o Separation of powers
o Federalism
o Article I (powers of the National government
o Article I (interstate commerce)
??
o Fifth Amendment due process
8
, o Fourteenth Amendment equal protection
1.2(b) Enabling Laws
• Statute that establishes an agency
TU
o Sets forth responsibilities
o Sets forth authority
1.2(c) Administrative Procedures Act
• Federal
o Passed in 1946
V
o Comprehensive but preempted by enabling statute
• State (uniform state APA)
o Approved in 1946 by;
IA
• National Conference on Uniform State Laws
• American Bar Association
o Amended twice (1961 and 1981)
o Adopted by 30 states and the District of Columbia (as of 2/2005)
?_
o 20 states have adopted another form of administrative procedures
law
1.2(d) Executive Orders
• An executive order has the effect of a statute
AP
• Sources of authority for president to issue an executive order;
o Article II (inherent authority to regulate as chief executive)
o Authorization of Congress
• Executive orders are generally preempted by statutes
o Exception – if Congress has specifically delegated authority to act
PR
to the president
• Executive orders are published in the Federal Register
1.3 ADMINISTRATIVE AGENCIES
• May be called:
OV
o Departments
o Commissions
o Bureaus
o Councils
o Groups
o Services
ED
o Divisions
o Agencies
o Administrations
o Boards
See Government of the United States chart; Figure 1-1
??
1.3(a) The Need for Agencies
• Job of government has become too large for Congress, the courts and the
executive branch to handle
• Agency expertise is necessary
??
1.3(b) Types of Agencies
9
TU
Democracy – 7th Edition
INSTRUCTOR’S
V
IA
MANUAL & TEST
?_
BANK
AP
PR
Daniel E. Hall
OV
Complete Instructor’s Manual & Test bank for
Instructors and Students
ED
© Daniel E. Hall
??
All rights reserved. Reproduction or distribution without permission is prohibited.
??
©Medexcellence ✅��
, Contents
TU
To the Instructor iv
Syllabi 1
Chapter 1: Introduction 8
V
Chapter 2: Bureaucracy and Democracy 13
IA
Chapter 3: Agency Discretion 20
Chapter 4: The Requirements of Fairness 28
Chapter 5: Delegation 40
?_
Chapter 6: Agency Rulemaking 51
Chapter 7: Agency Information Collections and Investigations 60
AP
Chapter 8: Formal Adjudications 72
Chapter 9: Accountability Through Reviewability 86
PR
Chapter 10: Accountability Through Accessibility 101
Chapter 11: Accountability Through Liability 117
Test Item File 134
OV
ED
??
??
ii
, Chapter 1
Introduction
TU
CHAPTER OVERVIEW
Chapter 1 provides an introduction to administrative law. Administrative regulation is
omnipresent in American life. The high level of regulation is likely the result of many
factors, such as technological complexity, increases in population, and an increased
V
interdependence of the members of the American family. As a field of law,
administrative law is concerned with defining the duties and powers of administrative
IA
agencies. More important, administrative law also defines the limits of agency powers.
Most agency structure and authority are defined by statute or executive order. Limitations
on agency authority can be found in statutes, executive orders, and, most prominently, the
Constitution.
?_
CHAPTER OBJECTIVES
After completing this chapter, the student should be able to
• Define what administrative law is and isn’t.
AP
• Identify and distinguish the sources of administrative law in the United States.
• Describe the nature and complexity of the administrative state at the federal, state,
and local levels.
• Describe the various forms of agencies.
• Explain why the administrative state is larger today than at the time of the
PR
adoption of the U.S. Constitution, and identify at least two ways administrative
law impacts your life.
LECTURE OUTLINE
OV
1.1 ADMINISTRATIVE LAW DEFINED
• Body of law developed to control and administer agency’s behavior and
function
• Administrative law defines agency’s
o Powers
o Limitations
ED
o Procedures
1.2 SOURCES OF ADMINISTRATIVE LAW
1.2(a) Constitution
• Significant source of law in the administrative context, including;
??
o Separation of powers
o Federalism
o Article I (powers of the National government
o Article I (interstate commerce)
??
o Fifth Amendment due process
8
, o Fourteenth Amendment equal protection
1.2(b) Enabling Laws
• Statute that establishes an agency
TU
o Sets forth responsibilities
o Sets forth authority
1.2(c) Administrative Procedures Act
• Federal
o Passed in 1946
V
o Comprehensive but preempted by enabling statute
• State (uniform state APA)
o Approved in 1946 by;
IA
• National Conference on Uniform State Laws
• American Bar Association
o Amended twice (1961 and 1981)
o Adopted by 30 states and the District of Columbia (as of 2/2005)
?_
o 20 states have adopted another form of administrative procedures
law
1.2(d) Executive Orders
• An executive order has the effect of a statute
AP
• Sources of authority for president to issue an executive order;
o Article II (inherent authority to regulate as chief executive)
o Authorization of Congress
• Executive orders are generally preempted by statutes
o Exception – if Congress has specifically delegated authority to act
PR
to the president
• Executive orders are published in the Federal Register
1.3 ADMINISTRATIVE AGENCIES
• May be called:
OV
o Departments
o Commissions
o Bureaus
o Councils
o Groups
o Services
ED
o Divisions
o Agencies
o Administrations
o Boards
See Government of the United States chart; Figure 1-1
??
1.3(a) The Need for Agencies
• Job of government has become too large for Congress, the courts and the
executive branch to handle
• Agency expertise is necessary
??
1.3(b) Types of Agencies
9
