CHAPTER 5: ADMINISTRATIVE LAW
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TOPICS COVERED CHAPTER 5:
ADMINISTRATIVE LAW
A. Operation of Administrative
Agencies.
B. Limits on Administrative
Agencies.
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permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
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OPERATION OF ADMINISTRATIVE
AGENCIES
 Rulemaking – process by which
administrative agencies promulgate rules of
law.
• Legislative Rules – substantive rules
issued by an administrative agency under
the authority delegated to it by the
legislature.
• DIERSON V. CHICAGO CAR EXCHANGE (1997). 
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permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
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OPERATION OF ADMINISTRATIVE
AGENCIES
 Rulemaking.
• Interpretative Rules – statements issued
by an administrative agency indicating
how it construes its governing statute.
• Procedural Rules – rules issued by an
administrative agency establishing its
organization, method of operation, and
rules of conduct.
© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as
permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
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OPERATION OF ADMINISTRATIVE
AGENCIES
 Enforcement – process by which
agencies determine whether their
rules have been violated.
 Adjudication – formal methods by
which an agency resolves disputes.
• AMERICAN AIRLINES, INC. V. DEPARTMENT OF
TRANSPORTATION (2000).
© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as
permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
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LIMITS ON ADMINISTRATIVE
AGENCIES
 Judicial Review – acts as a control or
check by a court on a particular rule
or order of an administrative agency.
• LUJAN V. DEFENDERS OF WILDLIFE (2009).
• FCC V. FOX TELEVISION STATIONS (2009). 
© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as
permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
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LIMITS ON ADMINISTRATIVE
AGENCIES
 Legislative Control – includes control
over the agency's budget and
enabling statute.
 Control by Executive Branch –
includes the President's power to
appoint members of the agency. 
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permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
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LIMITS ON ADMINISTRATIVE
AGENCIES
 Disclosure of Information –
Congressionally required public
disclosure enhances oversight of
agency activities.
• Freedom of Information Act.
• Privacy Act.
• Government in the Sunshine Act.
© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as
permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
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LIMITS ON ADMINISTRATIVE
AGENCIES
Executive Control
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Power of appointment
Budgetary control
Impoundment of monies appropriated
Restructuring of executive agencies
ADMINISTRATIVE
AGENCIES
Judicial Review
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Legislative Control
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Power over budget
Amendment of enabling statute
Elimination of agency
Enactment of guidelines
Excess of authority
Proper interpretation of applicable law
Violation of constitution
Violation of required legal procedure
© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as
permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
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