Download Understanding Administrative Law: Agencies and Rulemaking Processes and more Study notes Environmental Science in PDF only on Docsity! Administrative Law Administrative Law • Controls the exercise of governmental power by administrative agencies. • Controls the way in which agencies develop, administer and enforce their authority. • Principles are the basis for legal remedies for those aggrieved by administrative actions. Separation of powers • Legislative power – Essential function is make laws (statutes, ordinances) – Ex: Congress; Legislature; City Council • Executive power – Essential function is administer programs – Ex: President; Governor; Mayor • Judicial power – Essential function is resolve disputes (adjudicate) – Ex: Federal courts; State courts; hearing examiners Agencies • Agencies (federal, state, local, regional) • Agencies combine all powers in one body – Legislate: adopt regulations – Adjudicate: hold administrative hearings – Administer: develop policies; issue permits; enforce Some Fundamentals (from Fox) Limits on agency power • Statutory delegation (via enabling act, substantive statute) – Statute must delegate adequately (what are limits to power? who does what, when) – Example: Clean Air Act, Clean Water Act • Procedural controls – Administrative Procedures Acts (APA) • Federal APA (5 USC 551 et seq); • State APA (Ch. 34.05 RCW); • Local APA (e.g. Seattle Municipal Code ) Other limits to agency power • Executive: appointments, budgets and audits, • Legislative: approve appointments, review rules, agency sunsetting provisions • Judicial review Agency Rulemaking • RCW 34.05.010(16) - a rule means any agency order, directive or regulation of general applicability – the violation of which subjects a person to a penalty or sanction; – which establishes, alters, or revokes any procedure relating to agency hearings or the enjoyment of benefits or privileges conferred by law; – which establishes qualifications for the issuance, suspension or revocation of licenses; or – which establishes mandatory standards for any product or material that must be met before sale. What is an agency action? Fox: Section 104(a) • Federal APA – includes the whole or a part of an agency rule, order, license, sanction, relief, or the equivalent or denial thereof, or failure to act • RCW 34.05.010(3) – licensing, the implementation or enforcement of a statute, the adoption or application of an agency rule or order, the imposition of sanctions, or the granting or withholding of benefits. Agency Rulemaking Requirements APA and RCW • Notice of rule/intent • Opportunity to comment – Response to comments • Publication of resulting rule Enforcement Response Process • Informal – Notice of Violation • Formal – Administrative Order, Consent Order • Civil – Referral, Complaint, Consent Decree • Settlements – Pertains to Admin and Civil Cases • Core Concept: Timely and Appropriate Response to High Priority Violators Penalty Matrix - Civil and Admin
