United States administrative law encompasses a number of statutes and cases which define the extent of the powers and responsibilities held by administrative agencies of the United States Government. The Statute of Grand Duchy of Lithuania A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... Case law (precedential law) is the body of judge-made law and legal decisions that interprets prior case law, statutes and other legal authority -- including doctrinal writings by legal scholars such as the Corpus Juris Secundum, Halsburys Laws of England or the doctinal writings found in the Recueil Dalloz... Independent agencies of the United States government are those that exist outside of the departments of the executive branch. ... The government of the United States, established by the United States Constitution, is a federal republic of 50 states, a few territories and some protectorates. ...

U.S. Federal administrative law is codified as the Code of Federal Regulations. The Code of Federal Regulations (CFR) is the codification of the general and permanent rules and regulations (sometimes called administrative law) published in the Federal Register by the executive departments and agencies of the Federal Government of the United States. ...

Scope of administrative authority

The authority of administrative agencies stems from their organic statute, and must be consistent with constitutional constraints and legislative intent. Generally speaking, therefore, agencies do not have the power to enact a regulation where: In United States administrative law, an organic statute is a statute enacted by Congress that creates an administrative agency, and defines its authorities and responsibilities. ... In law, legislative intent is a factor used to interpret statutes. ...

1. The regulation is an unconstitutional delegation of power;
2. The organic statute explicitly denies authority (but note that failure to grant authority in later legislative efforts is not dispositive);
3. Congress has enacted a separate regulatory scheme;
4. The regulation is not based on factual findings;
5. The regulation is not pursuant to serving the "public convenience, interest, or necessity"; or
6. The regulation is outside the agency's statutory purpose as articulated in its organic statute.

Adjudicative versus rule-making acts

Agency acts are divided into two broad categories: rulemaking and adjudication. The scope of these two categories is defined in three ways: In administrative law, rulemaking refers to the process that executive agencies use to create, or promulgate, regulations. ... Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved. ...

Londoner/Bimetallic definition

Factors tending to make an act adjudicative in nature:

• Involving a small number of people
• Individuals involved are specially affected by the act
• Decision based on the facts of an individual case, rather than policy concerns

Cases in which an act was ruled to be adjudicative:

• Londoner v. City and County of Denver, involving a tax levied on residents of a particular street without affording them the opportunity to have their objections heard in person.

Cases in which an act was ruled to be rulemaking: In Londoner v. ...

• Bi-Metallic Investment Co. v. State Board of Equalization, involving a tax levied on the entire city of Denver.

In Bi-Metallic Investment Co. ...

Administrative Procedure Act

According to section 551 of the Administrative Procedure Act, The federal Administrative Procedure Act (APA) of 1946 governs the way in which administrative agencies of the United States federal government may propose and establish regulations. ...

• Rulemaking is "an agency process for formulating, amending, or repealing a rule."
  • A rule in turn is "the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy;"
• Adjudication is "an agency process for the formulation of an order;"
  • An order in turn is "the whole or part of a final disposition ... of an agency in a matter other than rule making but including licensing;"

In administrative law, rulemaking refers to the process that executive agencies use to create, or promulgate, regulations. ... Look up rule in Wiktionary, the free dictionary. ... Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved. ... A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties before the court and requires or authorizes the carrying out of certain steps by one or more parties to a case. ...

Adjudication

Right to a hearing

There are three ways that an individual can attain the right to a hearing in an adjudicative hearing:

• The Due Process clause of the 5th Amendment or 14th Amendment, providing an absolute constitutional floor, as summarized in the Mathews v. Eldridge test;
• A State or Federal Administrative Procedure Act, which prescribes procedures only for formal adjudication;
• The agency's organic statute, which may exceed those required by the former two.

In United States law, adopted from English law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life... The Fourteenth Amendment may refer to the: Fourteenth Amendment to the United States Constitution - contains the due process and equal protection clauses. ... In Mathews v. ... A state is a set of institutions that possess the authority to make the rules that govern the people in one or more societies, having internal and external sovereignty over a definite territory. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries Politics Portal      The government of the United States of America, established by the U.S. Constitution, is a... The federal Administrative Procedure Act (APA) of 1946 governs the way in which administrative agencies of the United States federal government may propose and establish regulations. ... In United States administrative law, an organic statute is a statute enacted by Congress that creates an administrative agency, and defines its authorities and responsibilities. ...

Right to a hearing based on Due process

There are three issues involved in the constitutional right to a hearing: In United States law, adopted from English law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life...

• Whether a hearing is required;
• When the hearing must be held (pre-termination or post-termination);
• What the hearing must entail.

Rulemaking

Scope and extent of rulemaking power

Federal administrative agencies have the power to promulgate rules that have the effect of substantive law. The power to do so stems from the agency's organic statute, and extends to all regulations necessary to carry out the purposes of the Act, rather than being limited to powers expressly granted by the statute. The power extends to substantive rules as well as procedural rules.^[1] By contrast, many states, such as Kentucky, have been less willing to allow their agencies to promulgate rules with the effect of substantive law. Look up Promulgation in Wiktionary, the free dictionary. ... In United States administrative law, an organic statute is a statute enacted by Congress that creates an administrative agency, and defines its authorities and responsibilities. ... Official language(s) English[1] Capital Frankfort Largest city Louisville Area  Ranked 37th  - Total 40,444 sq mi (104,749 km²)  - Width 140 miles (225 km)  - Length 379 miles (610 km)  - % water 1. ...

Agencies may not promulgate retroactive rules unless expressly granted such power by the organic statute. Bowen v. Georgetown University Hospital, 488 U.S. 204 (1988) In United States administrative law, an organic statute is a statute enacted by Congress that creates an administrative agency, and defines its authorities and responsibilities. ...

The choice of whether to promulgate rules or proceed with ad hoc adjudicative decisions rests in the informed discretion of agencies. SEC v. Chenery Corp., 332 U.S. 194 (1947) (Dissenting opinion arguing that the decision permitted agencies to rule arbitrarily, without law). Agencies may also announce new policies in the course of such adjudications. Look up Promulgation in Wiktionary, the free dictionary. ... Ad hoc is a Latin phrase which means for this [purpose]. It generally signifies a solution that has been tailored to a specific purpose, such as a tailor-made suit, a handcrafted network protocol, and specific-purpose equation and things like that. ...

Agencies are permitted to rely on rules in reaching their decisions rather than adjudicate, where the promulgation of the rules is within the agency's statutory authority, and the rules themselves are not arbitrary or capricious. Heckler v. Campbell, 461 U.S. 458 (1983).

Agencies must abide by their own rules. Sameena, Inc. v. U.S. Air Force, 147 F.3d 1148 (9th Cir. 1998).

Type of rulemaking

There are three types of rulemaking: In administrative law, rulemaking refers to the process that executive agencies use to create, or promulgate, regulations. ...

• Formal rulemaking, which is rulemaking for which the organic statute requires that rules be "made on the record after agency opportunity for hearing," and for which the APA prescribes particular procedures; the phrase is required for formal rulemaking; simply requiring that rules be made "after a hearing" does not trigger the requirements of formal rulemaking;
• Informal rulemaking, which is rulemaking for which no procedural requirements are prescribed in the organic statute, and for which the APA requires notice and comment;
• Hybrid rulemaking, which is rulemaking for which particular procedural requirements beyond notice and comment, but not rising to the level of formal rulemaking.

In United States administrative law, an organic statute is a statute enacted by Congress that creates an administrative agency, and defines its authorities and responsibilities. ... In United States administrative law, an organic statute is a statute enacted by Congress that creates an administrative agency, and defines its authorities and responsibilities. ...

Journals & Publications

• Administrative Law Review is the official quarterly publication of the American Bar Association's Section on Administrative Law and Regulatory Practice, published in coordination with American University Washington College of Law.
• The Texas Tech Administrative Law Journal specializes in administrative law topics.

The Administrative Law Review (ALR) is published four times annually by the students of the Washington College of Law in conjunction with the American Bar Associations Section of Administrative Law and Regulatory Practice. ... The American University Washington College of Law (WCL) was founded in 1896 as the culmination of the pioneering efforts of two women, Ellen Spencer Mussey and Emma Gillett, who wished to open the field of law to women. ... Texas Tech University is a Tier I research university located in Lubbock, Texas, established in 1923 originally as Texas Technological College. ...

Notes

See also

• Article I and Article III tribunals

In the United States, federal courts or tribunals can be classified as either Article I tribunals or Article III tribunals. ...

External links

• American Bar Association Section of Administrative Law & Regulatory Practice
• LII Law about... Administrative Law
• Legal Definitions on Administrative Law and Procedure