Administrative Law

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Dec 13, 2013 (3 years and 7 months ago)

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Administrative Law

Professor Wells

TR 9:30
-
10:45

Website: http://law.missouri.edu/wells/admin/

What is administrative law?


Administrative

law

is

the

law

related

to

the

management

of

government

affairs
.




It

involves

the

system

of

general

legal

principles

that

legitimate

and

control

the

actions

of

administrative

agencies
.


What is an administrative agency?


Generally

defined

as

“any

government

entity

that

exercises

government

authority
.




APA

§

551
(
1
)(A)
-
(H)
:

Each

authority

of

US

gov’t,

whether

or

not

it

is

within

or

subject

to

review

by

another

agency,

that

is

not

Congress,

the

federal

courts,

a

territorial

gov’t,

or

certain

military

entities



http
:
//
www
.
usa
.
gov/directory/federal/index
.
shtml



Hypothetical

involving

Beer

Trade

Commission



a

fictional

federal

agency
:


You

are

a

local

micro

brewer

in

Columbia,

Missouri

who

sells

beer

only

in

the

city
.

You

were

just

contacted

by

the

Beer

Trade

Commission

(“the

BTC”),

a

newly

created

federal

agency,

informing

you

that

it

is

assessing

a

very

large

monetary

penalty

on

you

for

acting

as

a

beer

merchant

in

interstate

commerce

without

a

license,

which

violates

its

rules

and

regulations

as

found

at

27

C
.
F
.
R
.

'

XXX

et

seq
.

You

have

never

heard

of

this

entity

but

you

want

to

challenge

this

fine

as

you

do

not

believe

you

need

any

“interstate”

license

required

by

this

agency

since

you

only

sell

beer

in

Columbia
.

In

its

communication

with

you

the

BTC

noted

that

you

have

30

days

to

respond

and

request

a

hearing
.

What

is

this

thing

called

the

BTC

and

where

did

it

come

from?


Agencies don’t just appear out of nowhere.



They are created by
Congress
. (Or at the state level
by state legislatures.)


The Act doing this is usually called the
“enabling”
or
“organic”

act.



See
Section 1

of the Beer Trade Commission Act.

Can

the

BTC

assess

a

fine

on

you

for

failing

to

have

a

license?


It

depends

on

(
1
)

what

the

agency’s

goals

and

purposes

are,

(
2
)

what

powers

the

agency

has,

and

(
3
)

whether

the

agency

follows

appropriate

procedures



All

of

these

issues

are

critical

aspects

of

the

study

of

administrative

law

What

are

the

BTC’s

goals

and

purposes?

1)
Promotion/development/protection

of

the

beer

industry

(
''

3
/
4
)

2)
Prevent/punish

deceptive

and

manipulative

actions

in

connection

with

the

sale

of

beer

(
'

5
)

3)
Regulate

conduct

of

beer

merchants

(
'

6
)


Note

that

most

of

these

have

to

be

gleaned

from

reading

the

statute



there

is

no

“purposes”

section

in

the

BTC

as

there

is

some

statutes


Why

would

Congress

create

an

agency

to

achieve

these

goals?


Public

interest

theory
:

Agencies

regulate

in

the

interest

of

the

public

good

and

to

promote

public

values

or

battle

actions

that

are

not

in

the

public

interest



Public

choice

theory
:

Agencies

regulate

as

a

result

of

politics

and

influence

of

various

interest

groups



i
.
e
.
,

Congress,

regulated

entities,

public

interest

groups,

etc
.

Whoever

has

the

most

power

among

these

groups

after

the

wrangling

is

over,

has

the

most

influence

on

the

agency’s

actions
.


What

powers

does

the

BTC

have

to

achieve

its

goals

and

purposes?


Grant

license

to

act

as

beer

merchant

(
''

6
/
8
)


Enact

rules

to

(
1
)

punish

deceptive

actions

re

the

sale

of

beer,

and

(
2
)

re

licensing

of

beer

merchants

(
''

5
/
8
)


Hold

hearings

and

issue

orders

revoking/suspending

licenses

of

beer

merchants
(
'

6
)


Hold

hearings

and

issue

administrative/civil

penalties

re

violations

of

the

Act

or

BTC

rules

(
'
'

7
/
10
/
11
)


Power

to

gather

evidence

re

violations

of

Act

or

BTC

rules

(especially

false/misleading

actions

sales

of

beer
)

(
'

7
)



Note

how

many

of

these

powers

are

implicated

in

the

hypothetical
.

Is

this

a

problem?



If

you

want

to

challenge

BTC’s

requirement

that

you

obtain

an

interstate

license,

where

do

you

go



i
.
e
.
,

where

is

administrative

law

practiced?


General

Framework

of

Administrative

Law



T
hose
legal principles that:


Define
agency structure


Define the powers of agencies


Specify the procedural formalities agencies use


Determine the processes of agency decisions


Outline the role of the various entities interacting with
agencies
including:


Congress


E
xecutive branch


R
eviewing court


Regulated entities/individuals

Sources of Administrative Law


Constitutional Law


Separation of Powers


Procedural
Due Process


Administrative Procedure Act (
APA)
-

1946


Prescribes procedures and a framework for judicial review


Organic/Enabling
Statutes


Other
Statutes


Statutes
imposing requirements on all agencies


e.g., FOIA,
NEPA


Federal Common Law


Mostly created prior to the APA (occasional reference back)


Regulations


Agency rules enforcing
a statute


see Code of Federal Regulations
(“C.F.R
.”)