Administrative law

In the United States, administrative law is a body of law that governs administrative agencies of the federal, state, and local governments. Administrative agencies are part of the executive, or law enforcing, branch of government. They were created to protect a public interest, and administrative law gives them the authority to make and enforce laws regarding their specific areas of interest. Administrative agencies aid Congress in making laws. Because of this, administrative law is considered a part of public law, which refers to relationships between the government and individuals. Examples of administrative agencies include the Department of Labor (DOL), Social Security Administration (SSA), and Federal Communications Commission (FCC). Under administrative law, these agencies are tasked with making decisions that affect a variety of social issues, such as labor policy, social security, and telecommunications. They also oversee the procedures by which policies are executed. For example, the SSA is in charge of making social security policy and ensuring procedures for benefits are followed accordingly.

Background

Administrative law has existed since the creation of government but was not recognized as a branch of law until about the late nineteenth or early twentieth century. It was created because of the changing roles of the states as a response to dealing with emerging problems related to American life. According to the Constitution, law is made by acts of Congress (legislative branch) and by acts of the courts (judicial branch). Administrative law gives agencies an avenue for exercising power.

Administrative law was born out of the need for governmental regulation of industry. US Congress created the Interstate Commerce Commission (ICC) in 1887 to oversee and regulate the railroad industry, which was crucial to the nation's economy at the time. The ICC controlled aspects such as rate regulations, discriminatory practices, and overall operations. Its performance led to its expanded jurisdiction over other forms of transportation in the years that followed, including oil pipelines (1906), interstate motor carriers (1935), and domestic water carriers (1940).

The need for the regulation of other US industries arose in the early twentieth century, especially during the Great Depression, the global economic downturn of the 1930s. An array of regulatory agencies was born out of this need. In 1914, the United States established the Federal Trade Commission (FTC) to oversee unfair trade practices and protect the competitive market. The agency has since expanded to protect consumers by enforcing consumer protection and antitrust laws. In 1930, the Federal Power Commission was created to regulate water, electric, and gas utilities; it has since been replaced by other agencies. The Federal Communications Commission (FCC) was established to regulate communications in 1934. It expanded to oversee radio, television, wire, satellite, and cable communications. The same year, the Securities and Exchange Commission (SEC) was created to protect financial assets such as the stock exchange. The National Labor Relations Board was born out of the need to protect workers and regulate labor practices in 1935, and the Civil Aeronautics Board was established to oversee aviation in 1938.

Overview

Administrative law developed because of these agencies. The operation of these bodies required the enactment of policies to continue regulation and control. When Congress passes a law, representatives may need assistance in defining how the details of the law will be implemented. Administrative agencies know the particulars of their organizations and can aid Congress by passing rules and regulations related to a specific law. Sometimes, these laws affect more than one industry. For example, the Department of Labor and the Occupational Safety and Health Administration (OSHA) craft and enforce laws related to workplace safety that apply to most places of employment, regardless of the industry. The Environmental Protection Agency (EPA) works on rules and regulations to protect the environment. State administrative agencies implement and enforce state legislation, while local agencies work on laws that affect the municipality.

Administrative agencies and administrative laws sometimes affect people who apply for government benefits, like social security. The SSA was created to implement social security and disability laws established by Congress and to regulate benefits. A person who requires assistance must fill out an application for disability benefits. The SSA is in charge of reviewing the applications, deciding who will receive benefits, and overseeing the distribution of funds. If a person's application is denied and they feel it was wrongly denied, the person can hire legal counsel versed in administrative law. Some administrative agencies have their own courts and appeal processes to deal with such situations.

The Federal Administrative Procedure Act (APA) of 1946 was created as a guide for administrative agencies. (In addition, state and local guidelines may exist for state and local administrative agencies to follow.) The APA serves to protect the public against an agency overstepping its powers. The purpose of the APA is to govern rulemaking, adjudication, and licensing by agencies.

The APA defines the process by which an agency can make rules. Every rule or regulation made must be entered into the Federal Register and include provisions and the date it will go into effect. Next, the agency must gather public comments on the proposed rule. Sometimes, a hearing is required before a rule can take effect.

An adjudication, also known as the enforcement of a rule or regulation, can be informal or formal. The APA does not have guidelines for informal adjudications, so they are left up to the agency to decide how to proceed. Formal adjudications follow the same steps as rulemaking. They require notice prior to the hearing. An administrative law judge presides over the case and makes a ruling. The ruling can be appealed.

The APA provides similar guidelines when the law requires licensing. If licensing is required, the agency is responsible for establishing a licensing procedure and following it. Agencies cannot revoke licenses unless they give notice and allow an opportunity for corrective action.

Bibliography

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