Instructors Manual, Testbank, and PowerPoints

i Instructor’s Manual For Administrative Law Bureaucracy in a Democracy 7th Edition Daniel E. Hall Instructor’s Manual, Testbank, and PowerPoints Prepared by Brian Craig 1 / 4

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Contents

To the Instructor iv

Syllabi 1

Chapter 1: Introduction 8

Chapter 2: Bureaucracy and Democracy 13

Chapter 3: Agency Discretion 20

Chapter 4: The Requirements of Fairness 28

Chapter 5: Delegation 40

Chapter 6: Agency Rulemaking 51

Chapter 7: Agency Information Collections and Investigations 60

Chapter 8: Formal Adjudications 72

Chapter 9: Accountability Through Reviewability 86

Chapter 10: Accountability Through Accessibility 101

Chapter 11: Accountability Through Liability 117

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CHAPTER OVERVIEW

Chapter 1 provides an introduction to administrative law. Administrative regulation is omnipresent in American life. The high level of regulation is likely the result of many factors, such as technological complexity, increases in population, and an increased interdependence of the members of the American family. As a field of law, administrative law is concerned with defining the duties and powers of administrative agencies. More important, administrative law also defines the limits of agency powers. Most agency structure and authority are defined by statute or executive order. Limitations on agency authority can be found in statutes, executive orders, and, most prominently, the Constitution.

CHAPTER OBJECTIVES

After completing this chapter, the student should be able to •Define what administrative law is and isn’t.•Identify and distinguish the sources of administrative law in the United States.•Describe the nature and complexity of the administrative state at the federal, state, and local levels.•Describe the various forms of agencies.•Explain why the administrative state is larger today than at the time of the adoption of the U.S. Constitution, and identify at least two ways administrative law impacts your life.

LECTURE OUTLINE

1.1 ADMINISTRATIVE LAW DEFINED

•Body of law developed to control and administer agency’s behavior and function •Administrative law defines agency’s oPowers oLimitations oProcedures

1.2 SOURCES OF ADMINISTRATIVE LAW

1.2(a) Constitution •Significant source of law in the administrative context, including; oSeparation of powers oFederalism oArticle I (powers of the National government oArticle I (interstate commerce) oFifth Amendment due process oFourteenth Amendment equal protection 1.2(b) Enabling Laws •Statute that establishes an agency oSets forth responsibilities oSets forth authority 1.2(c) Administrative Procedures Act •Federal Chapter 1 Introduction 3 / 4

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• Passed in 1946
• Comprehensive but preempted by enabling statute

• State (uniform state APA)

• Approved in 1946 by;

• National Conference on Uniform State Laws • American Bar Association

• Amended twice (1961 and 1981)
• Adopted by 30 states and the District of Columbia (as of 2/2005)
• 20 states have adopted another form of administrative procedures law

1.2(d) Executive Orders • An executive order has the effect of a statute • Sources of authority for president to issue an executive order;

• Article II (inherent authority to regulate as chief executive)
• Authorization of Congress

• Executive orders are generally preempted by statutes

• Exception – if Congress has specifically delegated authority to act to the

president • Executive orders are published in the Federal Register

1.3 ADMINISTRATIVE AGENCIES

• May be called:

• Departments
• Commissions
• Bureaus
• Councils
• Groups
• Services
• Divisions
• Agencies
• Administrations
• Boards

See Government of the United States chart; Figure 1-1

1.3(a) The Need for Agencies • Job of government has become too large for Congress, the courts and the executive branch to handle • Agency expertise is necessary 1.3(b) Types of Agencies • Three major types • Social welfare

• Promoting the general welfare of the people
• Redistributes funds

• Regulatory

• Proscribes behavior
• Determines legal compliance
• Licensing
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