AM

Blaw 02/05 Class 5 Chapter 5

The Exhaustion Doctrine

  • Exhaustion Doctrine defines that before someone can appeal an agency decision, they must exhaust all administrative remedies.

  • Courts do not review agency rulings until this process is complete.

  • The court addresses appeals only after all administrative avenues are explored.

Branch Controls Over Administrative Agencies

Types of Controls

  • Executive Controls: Agencies are influenced and directed by executive authority.

  • Legislative Controls: Congress regulates agency actions through statutes.

  • Judicial Controls: Courts review agency regulations and decisions based on legal standards.

Types of Administrative Rules

Legislative Rules

  • Legally binding and considered a primary source of law equivalent to a statute enacted by Congress.

Interpretive Rules

  • Non-binding guidelines that explain how agencies interpret and enforce their statutory authority.

Administrative Procedures Act (APA)

  • Known as the foundational document for administrative law, akin to a 'bible' or guiding principle for agencies.

  • Governs the procedures that administrative agencies must follow.

Key Points of the APA

  1. Arbitrary and Capricious Standard: Courts can only overturn agency rulings if deemed arbitrary or capricious.

  2. Fair Notice Requirement: Agencies must provide proper notice and an opportunity to affected parties to contest rules or decisions.

Functions of Federal Agencies

Three Basic Functions

  1. Rule Making: Agencies create enforceable regulations.

  2. Enforcement: Agencies monitor compliance with their regulations through investigations.

  3. Adjudication: Dispute resolution regarding agency rules occurs, often in administrative hearings.

Rule Making Process

Notice and Comment Rule Making

  1. Notice of Proposed Rule Making: Agencies must publish proposed rules in the Federal Register.

  2. Comment Period: Stakeholders can provide comments on the proposed rules, which may influence the final decision.

  3. Final Rule Publication: After comments are considered, the final rule is published, effective for compliance.

Enforcement Mechanisms

  • Investigations: Agencies can conduct investigations to ensure compliance with regulations.

  • Subpoenas: Agencies can compel testimony and document production during investigations.

  • Search Warrants: Agencies require warrants for searches, adhering to Fourth Amendment protections.

Adjudication Process

  • Initial disputes are often settled through negotiations to avoid costly litigation.

  • If unresolved, formal complaints can be lodged leading to hearings before Administrative Law Judges (ALJs).

  • ALJs are agency employees but must operate impartially under the law.

Judicial Review of Agency Actions

  • Courts often defer to agencies unless their actions are arbitrary and capricious or not in accordance with the law.

Chevron Deference

  • Courts historically deferred to agency interpretations of ambiguous statutes unless such interpretations were unreasonable.

  • The recent Loper Bright Enterprises vs. Raimondo case ended the 40-year Chevron precedent, granting judges increased power to interpret laws directly.

Public Accountability Acts

Freedom of Information Act (FOIA)

  • Allows the public to request records from federal agencies, fostering transparency.

Sunshine Act

  • Requires that agency meetings be open to public observation with certain exceptions for private discussions, ensuring public scrutiny of agency actions.

Conclusion

  • Understanding the interplay between agencies, their rules, and the processes for challenging those rules equips individuals and entities to navigate administrative law effectively.