Class Notes (920,984)
US (355,383)
CSUS (116)
MGMT (1)
MGMT 10 (1)
All (1)
Reference Guide

Administrative Law - Reference Guides

4 Pages
767 Views

Department
Business Admin - Mgt
Course Code
MGMT 10
Professor
All

This preview shows page 1. Sign up to view the full 4 pages of the document.
DELEGATION OF AUTHORITY
Administrative Law
l e a r n r e f e r e n c e r e v i e w
permacharts.com
SCOPE
CONTROL OVER PERSONNEL
LEGISLATIVE OVERSIGHT
• Rules determined by procedures required by
reviewing courts and as specified by
Administrative Procedure Act (APA)
• Agencies may be given legislative power to issue
rules that govern private action (with resulting
penalties for violations), executive power to
investigate potential violations of rules and statutes,
and judicial power to adjudicate particular disputes
for failure to comply with governing standards
• Dependent on legislature and executive for budgets
and operating authority
Formally, Congress may revoke or narrow powers
which allow legislature to grant powers to
administrative agencies
Report and wait procedure delays effective date
of agency’s proposed rule, and it provides Congress
with the time to decide whether overriding statute
should be passed
Sunset law sets time limit for existence of agency,
and legislature must opt to re-enact its statutory
charter
• Congressional approval of agency funding requires
legislative authorization for appropriations, which
is contained in basic delegation of power to agency
(may be for a fixed period of time or permanent),
and imposition of funding controls in annual
appropriations process (agencies must submit
budget requests for review and approval)
Informally, Congress can investigate
implementation of statutory programs and expose
corrupt or ineffective administration
• Investigation may interfere with executive branch’s
interest in confidentiality of internal affairs
Doctrine of executive privilege provides agency
with limited right to withhold information
• Congress requires agencies to provide periodic
reports on activities
• Permanent Congressional organizations may
conduct studies of agency activities
• Legislators use casework to assist citizens by
checking quality of administration and assuring fair
treatment
President has the power to appoint federal officers
• Does not apply to minor civil servants chosen by
agencies or court-appointed independent counsel
to investigate potential wrongdoing by officials in
the Executive Branch
• May remove administrator from office, whether
independent or executive agency (that is, removal
for cause)
• Authority to modify bureaucracy’s organizational
structure
• Power to control litigation affecting agencies
through Department of Justice
Congress cannot make agency appointments,
although it may set qualifications for office
• No power to remove agency officials (except by
impeachment)
• May withhold support and funding for programs
INFORMATION
INVESTIGATORY POWERS
SUBPOENAS
SEARCHES & INSPECTIONS
• Investigation must be authorized
by law and undertaken for
legitimate purposes
• Substantive delegation of agency’s
regulatory power and grant of
investigative authority may be too
broadly defined for the investigation
to be determined ultra vires
• Court may allow investigation to
proceed because injured party has
an opportunity to challenge range
of agency’s power in review of final
decision
• Judicial attempts to adjust agency’s
boundaries should wait until issues
become clear
• Question may become moot where
agency decides to forego exercising
power over complainant
• Complainant may resist subpoena
where it can show that it is exempt
from regulation (and agency
investigations) or that investigation
was undertaken in bad faith
• Requested information must be
relevant to lawful investigation of
subject
• 4th Amendment prohibits use of
search warrant without probable
cause
• Investigative demand must be
sufficiently specific and not
unreasonably burdensome
• Court makes certain distinctions
between actual search and seizure
and figurative or constructive search
(that is, request to see company
records) (refer to Oklahoma Press)
• Agency can investigate corporate
records on suspicion that law is
being violated or for assurance that
law is not being violated
• Subpoena must adequately describe
the requested materials(that is,
nature and scope of inquiry)
• Subpoena’s reasonableness affected
by cost of compiling and copying
materials, disruption of business or
activities as a result of agency’s
demands, nature of agency’s
requests, and risk of competitive
harm if commercially valuable
information is released
• Requested information must not be
privileged; 5th Amendment
privilege offers protection against
self-incrimination
Limitations on use of privilege
include threatened penalty; must be
criminal (not civil) in nature;
privilege allowed for natural
persons, not corporations or
associations; privilege applicable to
forced testimonial utterances, not
other communications; and
privilege may be overruled by grant
of immunity from prosecution
• Acquire information through direct
observation
• Inspections are intended to prevent
and correct undesirable conditions
• Possibility that warrants were not
required for administrative searches
where license was required to
operate business (refer to See)
• Physical inspections may replace
formal hearings
• May not violate 4th Amendment
protection
• Probable cause is not applied to
enforcement of health and sanitary
standards
• Warrants are not required for
closely-regulated businesses (refer to
Colonnade-Biswell), where individual
consents to search, or evidence is in
plain view from public space
AGENCY DISCLOSURE
• Applies to meetings where
there are proposals to take
official actiononspecific issues
• Variety of conflicting interests
must be dealt with (such as
protection from abuse of
fundamental rights vs.
protectionofpersonal privacy)
• Public interest in disclosure of agency
records
Federal Advisory Committee Act (FACA)
regulates activities of advisory committees,
which are comprisedofprivate citizens that
provide agencies with recommendations
regarding specific issues; meetings must be
public (similar to Sunshine Act)
• Agency’s powers, which require private parties to disclose information, is based
upon legislative delegation of authority
• Most agencies require a court order which directs compliance with requests for
information
• Some statutes provide that where a party refuses to comply without just cause,
it is subject to fines or criminal penalties
Administrative Law
TM
permacharts
© 1996-2008 Mindsource Technologies Inc.
ADMINISTRATIVE LAW • A-788-91

Loved by over 2.2 million students

Over 90% improved by at least one letter grade.

Leah — University of Toronto

OneClass has been such a huge help in my studies at UofT especially since I am a transfer student. OneClass is the study buddy I never had before and definitely gives me the extra push to get from a B to an A!

Leah — University of Toronto
Saarim — University of Michigan

Balancing social life With academics can be difficult, that is why I'm so glad that OneClass is out there where I can find the top notes for all of my classes. Now I can be the all-star student I want to be.

Saarim — University of Michigan
Jenna — University of Wisconsin

As a college student living on a college budget, I love how easy it is to earn gift cards just by submitting my notes.

Jenna — University of Wisconsin
Anne — University of California

OneClass has allowed me to catch up with my most difficult course! #lifesaver

Anne — University of California
Description
Administrative law directly influences the life of every American citizen. All local, state and federal agencies operate pursuant to general Administrative law principles. An understanding of all administrative law functions is furthered by this comprehensive quick reference study guide, as complex legal concepts are effectively explained in clear and straightforward language. All definitions, key Constitutional references, and case law are set out in the Guide.
More Less
Unlock Document

Only page 1 are available for preview. Some parts have been intentionally blurred.

Unlock Document
You're Reading a Preview

Unlock to view full version

Unlock Document

Log In


OR

Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit