Administrative Law and

Administrative Agencies

Explanation of Administrative Law

The laws that define the legal powers and legal limits of government agencies

Sets out the means agencies use to apply its powers and the remedies individuals seek if injured by an agency’s decision.

What is Administrative Law?

Enabling acts (i.e. statutes or laws) Defines the agency’s role or mission.

Legislatures pass laws which gives each agency its authority

How is Administrative Authority Created?

Powers of Enabling Statute (Act/Law)

Substantive law – administrative laws that protect rights and liberties. Example: 14th Amendment

Procedural law – administrative laws t hat define the legal procedures and methods to be followed. Example: Federal Administrative Procedures Act and

Tennessee Uniform Procedures Act Laws within an agency’s field of expertise.

Example: Environmental law

Types of Administrative Law

Areas of Administrative Law

Explanation of Administrative Agency

Government body or organization created by legislatures to serve citizens by overseeing and administering laws in designated areas of expertise.

Created to solve problems of public interest quickly and inexpensively.

What are administrative agencies?

Legislatures delegate limited powers to agencies Lack of time/resourcesComplex problems needing expertise

The enabling statutes that create agencies delineates the exact powers and limitations of the agency

What are administrative agencies?

In TN, administrative agencies are created at Tenn. Code Ann. § 4-3-101 et. seq.Creation of each administrative

agenciesOrganizationPowers and duties

What are administrative agencies?

Set standards Makes rules and regulations Prosecute against those who refuse to obey

the regulations Make decisions on those actions that come

before it in claims and hearings Investigate complaints

Powers of administrative agencies

Social welfareRegulatory IndependentExecutive

Categories of administrative agencies

Regulatory Agencies

Direct or regulate certain areas of public and private interests.

Staffed by individuals in the occupational field being regulated.

Powers, usually include: Define and establish regulations Monitor compliance with regulations Prosecute if regulations are violated

Examples: Licensing of transportation, health related boards, board of professional responsibility

Regulatory Agencies

Social Welfare Agencies

Administer and provide assistance on both federal and state levels

Examples include: Disability Old age benefits Worker’s compensation Consumer protection Environmental protection

Social Welfare Agencies

Independent Agencies

Agencies that make decisions on matters affecting the economy, such as stocks

Staff consist of a board of five to seven members, often called commissions

Purpose – specific task and they are specialists in their field.

Called independent because they may only be removed by just cause.

Examples: federal deposit insurance corporation, TSSAA

Independent Agencies

Executive Agencies

Part of the executive branches of federal and state governments

May both regulate and provide assistance The head of the department is appointed by the

executive (e.g., president, governor). Therefore the agency is not independent of political influences.

Head may not be an expert in the field and is easily removable.

Examples: Department of Education, Department of Agriculture, Department of Health and Human Services

Executive Agencies