M7: Introduction to Administrative Agencies
Introduction to Administrative Agencies
Focus of discussion: Administrative agencies, part of the executive branch.
Previous focus in class: Judicial and legislative branches.
Definition and Function of Administrative Agencies
Variability in Names: Administrative agencies can be referred to as departments, commissions, administrations, or simply agencies.
Core Functions:
Execution: Implementing and enforcing laws made by Congress or state legislatures.
Administration: Overseeing the application of regulations and statutes.
Enforcement: Ensuring compliance with regulations.
Activities and Output of Administrative Agencies
Agencies generate a variety of outputs essential for legal research:
Regulations: Both proposed and finalized rules created to govern behaviors in specific areas.
Advisory Opinions: Official interpretations or advice regarding statutes and regulations.
Orders: Directives issued for compliance in particular situations.
Supplementary Documents: Additional materials that provide context or explain regulations.
Background Research: Supporting information that helps understand a regulatory issue.
Reach of Regulations
General Scope: Most sectors are impacted by regulations, although not everything is heavily regulated.
Industries Impacted: Examples include but are not limited to:
Healthcare
Human Resources
Finance
Agriculture
Insurance
Manufacturing
Transportation
Navigating Multiple Agencies
Example of Overlapping Agencies:
Various agencies may be involved in addressing particular issues, such as the Department of Agriculture and the Food and Drug Administration in the context of salmonella prevention.
Research Guidance:
When researching regulatory approaches, one must often look at documents from multiple agencies.
Identifying Relevant Agency Materials
Initial Investigation:
Prior interactions with agencies may provide insight into which agency's materials are relevant.
Corporate counsel may inform about the involved agency based on specific regulations.
U.S. Code as a Clue:
The United States Code provides evidence of congressional delegation of authority.
Relevant statutory sections will reference the specific agency responsible for regulations.
Example: The Americans with Disabilities Act (ADA) is enforced by the Equal Employment Opportunity Commission (EEOC).
Statutory Example of Delegation
Americans with Disabilities Act:
Prohibits discrimination against individuals with disabilities.
Key references:
42 USC 12111 (1)
42 USC 12116
Implementation: The EEOC has specific procedures published for handling discrimination complaints under this act.
Regulation Reference: Part 1641 of Title 29, Code of Federal Regulations outlines these procedures.
Agency Types and Jurisdiction
State and Federal Agency Functions:
Federal agencies like the Internal Revenue Service enforce federal tax laws.
State agencies like the Ohio Department of Taxation enforce state-specific laws.
Unique Responsibilities:
State agencies may handle unique issues; for instance, Massachusetts has a Marine Theft Bureau.
Similarities Between State and Federal Agencies
Production of Materials: Both types of agencies produce similar documents.
Processes for Regulation: The process for promulgating regulations is largely consistent at both levels.
Methodology: Finding state regulations mirrors the process for federal regulations.
Nature of Agency Responsibilities
Executive, Legislative, and Judicial Functions:
Agencies have primarily executive responsibilities but also act quasi-legislatively and quasi-judicially.
Quasi Legislative: Agencies create regulations that hold the force of law but require legislative authority.
Quasi Judicial: Many agencies maintain their own administrative courts (e.g., Department of Labor).
Exhaustion of Remedies: Individuals may need to exhaust all administrative remedies before pursuing district court actions.
Upcoming Topics
Next lecture will cover how agencies promulgate regulations and the steps and resources involved in this process.