7/24/2019 Functions of Administrative Agencies Ch.5

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Federal Legislature passes enabling

statute which creates federal administrative agency

Statute is broadly worded

Delegates power to agency

Administrative Agency is either:Executive housed within executive branch or

ndependent not housed within executive branch

Three Primary Functions

Rulemaking:

Agency exercises legislative

powers

Legislative !ules:

Are called !egulations

but are li"e statutes

#ithin power granted in

$enabling statute%

Statute must provide

standards to guide

agency

&ust be promulgated in

accordance with A'A

nterpretive !ules:

Explain how Agency

construes governingstatute

Exempt from A'A

(ot automatically

binding on private

parties but persuasive

'rocedural !ules:

Set forth rules of

conduct and methods ofoperation of Agency

Examples: business

hours) who may appear

before agency) hearing

procedures

Enforcement:

*f Enabling Statute and !ules

+an do nvestigations

+ompel disclosure of

information if:

Legitimate purpose

!elevant information

Sufficiently specific

(ot reasonably burdensome

(ot privileged information

Adjudication of

Controversies

Formal or nformal

nformal:

Advising

(egotiating

Settling

Formal:

Fact Finding

Apply Legal !ules&a"e *rders ,fines-

penalties- !evo"e.re/uire

licenses- restitution-

damages0

1y Admin2 Law 3udge

(ever have a 4ury