Delegations of power from Congress to the agencies are generally unconstitutional.
The secretaries of cabinet departments are:
The function of administrative agencies is:
Which of the following is NOT a power of an administrative agency?
Federal regulations are initially published in the Federal regulations are initially published in the Federal Register
This federal law requires federal agencies to make available information upon request. Provided it is in accordance with the published laws or the individuals have timely and actual notice of the applicable terms thereof.
Most agency rulemaking under the Administrative Procedure Act is formal rulemaking.
Agencies through regulation can require individuals to keep extensive records and to file reports with the agency.
Search warrants are always required when public school officials conduct searches and drug tests of students.
Certain law enforcement officials can be legally subjected to random drug tests without violating the Fourth Amendment.
There is no right to a jury trial in administrative law proceedings.
How many commissioners are on the EEOC?
The function of administrative agencies is:
This federal law allows citizens to obtain information that an agency may possess on that citizen.
Discuss the importance of agency rules, also known as regulations, in administrative law.
The agency rules/regulations are critical especially by addressing intricate legal and administrative issues than can be handled by ordinary laws. These regulations are crucial in handling new economic activities, technical issues and processes, technological inventions and other areas of specialization. In addition, these regulations allow a measure of flexibility in administrative issues in order to ensure that challenges arising from changing economic and social factors etc, may be handled efficiently. Further, such regulations allow experimental application of laws in different circumstances, besides attracting the participation of the public in the offer the proper authority for the law.
Describe the scope of administrative law.
Administrative laws determine the powers, organization and administrative duties of varied authorities. It emphasizes the formal adjudication procedures, founded on the natural justice as well as rule making. These principles include:
- There should never be absolute, unchecked power, however broad it may be
- The power held by administrative agencies flows from the law
- There must be justifiable restrictions in the exercise of these powers, arising from the situation in question
Administrative laws go back a long way, and they are founded on the rule of law concept, which support natural justice i.e. unjustness, impartiality and prescribed legal methods and laws as opposed to arbitrary abuse of power. Administrative laws lay out the liabilities and rights of private citizens in relation to other people and the government, coupled by the procedures through which the same may be enforced. These include measures to ensure accountability in the dispensation of administrative functions
What is the standard of proof required to win at an administrative hearing?
Adequate evidence to establish grounds to render it more likely that a claimant should win. Thus one only needs evidence to establish grounds to believe, on a scale of probabilities, that the claimant deserves to win. This is also referred as the preponderance of evidence, which is similar to the standard of proof necessary to win other civil cases.
List at least three areas that the FDA does NOT regulate and explain which agencies do regulate these areas.
- Alcoholic Beverages- This is under the Department of Justice's Bureau of Alcohol, Tobacco, Firearms and Explosives
- Advertising (except those involving prescription drugs, tobacco products and medical devices- This is regulated by the Federal Trade Commission (FTC), which ensures that advertising is truthful.
- Illegal recreational drugs or drugs - This is under the Drug Enforcement Administration
Define Alternative Dispute Resolution and give three examples
Alternative Dispute Resolution refers to the dispute settlement procedures other than litigation. Examples include arbitration, mediation and collective bargaining agreements.
Administrative law touches and concerns most aspects of life in the United States.
Many states do not divide adjudication into formal and informal as does the federal APA.
Distinguish formal and informal rulemaking.
What agency would be responsible for regulating marijuana in states where it is now legal?
The FDA for medical marijuana and possibly the Liquor Control Board for recreational marijuana
- FDA- The agency is responsible for protecting public by making certain that drugs, foods, vaccines, dietary supplements, cosmetics and other similar product supplies are safe, effective and of the highest quality possible. It regulates every aspect of the supply including the supply chains, production, ingredients etc, to ensure that every last tablet of any approved drug is as good as any.
- Federal Trade Commission- Regulates all advertising, save for those under the FDA, in order to ensure that there is no false advertising. This makes sure that the advertising information about consumer products can be relied on, and if not, I can seek legal redress.
- National Security Agency (NSA)- Refers to the cryptologic intelligence organization that falls under the Department of Defense, which is charged with both the collection and analysis of foreign intelligence signals and other foreign communications in order to facilitate intelligence gathering, while also protecting the country’s information systems and communication. This agency has been in the news lately over its controversial PRISM program, but I do know that the intelligence that gathers is crucial to ensure that the US is safe, especially from foreign aggression. In the age of terrorism, this is especially very important to ensuring our streets and territory are safe.
- National Institute of Standards and Technology (NISA)- It works with stakeholders in various technology industries to create and apply measurements, standards and technology. NIST ensures that technology products are safe and fit for purpose, not least because they meet industry standards. Effectively, even though I may not be a techno geek, I can be sure that when I buy a phone or a computer, I can be sure that it is both safe and capable of performing the functions that I expect it to.
- CIA- a key intelligence collection agency gathers intelligence from individuals, corporations and governments, then analyzing it and in the light of intelligence from other related agencies to ensure the country’s national security is protected. This agency, along with NSA, the FBI etc, are critical to securing the US and its citizens from all possible internal and external threats.
Bibliography
Aman, Alfred C, and William T. Mayton. Good Starting Point in Print: Alfred C. Aman, Jr. & William T. Mayton, Hornbook on Administrative Law. London: West Group, 2001.
DeLeo, John. Administrative Law. New York: Cengage LEarning, 2008.
FDA. About FDA. March 12, 2013. http://www.fda.gov/aboutfda/transparency/basics/ucm192695.htm (accessed June 29, 2013).
Ibrahim, Azeem. Reducing Terrorism Over the Long Term :The only way to beat terror long-term is to reduce the motivation to radicalise,. London: Belfer Center for Science and International Affairs, Oct 2008.
NIST. NIST Special Publication 800-53: Recommended Security Controls for Federal Information Systems and Organizations. Washington: NIST , 2013.
Walston-Dunham, Beth. Introduction to Law, 6th ed. New York: Cengage Learning, 2011.
