Task 1. Read and render the following text. Administrative Law is the body of law created by administrative agencies in the form of rules, regulations

Administrative Law is the body of law created by administrative agencies in the form of rules, regulations, etc. to carry out regulatory powers and duties of such agencies.

Businesses must deal with an ever increasing number of administrative rules and decisions on both the state and federal level. Administrative agencies have been referred to as the fourth branch of government because they are policy-making bodies which incorporate facets of the three branches of government: the legislative, executive, and judicial. Administrative agencies act like the executive branch of government in that they carry out the law. They also may take on the function of courts by adjudicating matters within their area of regulation. The need for administrative agencies results from our society becoming increasingly complex. Specialized bodies possessing expertise can deal with problems which general legislative branches are not equipped to handle.

Administrative agencies act like legislatures when they properly promulgate rules which must be followed. For example, in the USA the Securities and Exchange Commission is an administrative agency established by Congress in 1934. It promulgated rule 10b-5 which prohibits the use of insider information. Rules have the force and effect of law.

Because agencies are not elected, but rather the heads are appointed (independent agency heads for fixed terms and executive branch agencies at the pleasure of the executive) their actions must be subject to review.

The executive may control the agencies through appointments, and indirectly through the budget process. The courts are charged with reviewing agency action. The reviewing court will also set aside agency actions that are arbitrary or capricious or not supported by substantial evidence.

Administrative agencies on the federal level are governed by the Administrative Procedure Act (APA). Many states have similar laws (APAs) outlining how state agencies are to function when they are deciding cases or issuing regulations. The APAs generally prohibit ex parte communications and provide for an impartial hearing officer or administrative law judge who hears the case and makes findings of fact and legal conclusions.

Rule-making procedures generally require notice so that interested parties may participate. The regulations must be published to be effective.

In recent years government agencies and personnel have become more vulnerable to lawsuits. The doctrine of sovereign immunity, which historically shielded government agencies from liability, has been eliminated for numerous federal and state activities and continues to erode.

Дата добавления: 2015-07-19