Administrative Law
and
Administrative Agencies
Explanation of Administrative Law
∗The laws that define the legal powers and
legal limits of government agencies
∗Sets out the means agencies use to apply
i...
∗ Enabling acts (i.e. statutes or laws)
∗ Defines the agency’s role or mission.
∗ Legislatures pass laws which gives each
...
Powers of Enabling Statute (Act/Law)
∗ Substantive law – administrative laws that protect rights and
liberties.
∗ Example: 14th
Amendment
∗ Procedural law – ad...
Areas of Administrative Law
Explanation of Administrative Agency
∗ Government body or organization created by
legislatures to serve citizens by overseeing
and administering laws in design...
∗ Legislatures delegate limited powers to
agencies
∗ Lack of time/resources
∗ Complex problems needing expertise
∗ The ena...
∗ In TN, administrative agencies are created at
Tenn. Code Ann. § 4-3-101 et. seq.
∗ Creation of each administrative agenc...
∗ Set standards
∗ Makes rules and regulations
∗ Prosecute against those who refuse to obey the
regulations
∗ Make decision...
∗ Social welfare
∗ Regulatory
∗ Independent
∗ Executive
Categories of administrative agencies
Regulatory Agencies
∗ Direct or regulate certain areas of public and private interests.
∗ Staffed by individuals in the occupational field bei...
Social Welfare Agencies
∗ Administer and provide assistance on both federal
and state levels
∗ Examples include:
∗ Disability
∗ Old age benefits
∗...
Independent Agencies
∗ Agencies that make decisions on matters affecting the
economy, such as stocks
∗ Staff consist of a board of five to seve...
Executive Agencies
∗ Part of the executive branches of federal and state
governments
∗ May both regulate and provide assistance
∗ The head of...
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Chapter1.admin law&adminagency

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Chapter1.admin law&adminagency

  1. 1. Administrative Law and Administrative Agencies
  2. 2. Explanation of Administrative Law
  3. 3. ∗The laws that define the legal powers and legal limits of government agencies ∗Sets out the means agencies use to apply its powers and the remedies individuals seek if injured by an agency’s decision. What is Administrative Law?
  4. 4. ∗ Enabling acts (i.e. statutes or laws) ∗ Defines the agency’s role or mission. ∗ Legislatures pass laws which gives each agency its authority How is Administrative Authority Created?
  5. 5. Powers of Enabling Statute (Act/Law)
  6. 6. ∗ Substantive law – administrative laws that protect rights and liberties. ∗ Example: 14th Amendment ∗ Procedural law – administrative laws t hat define the legal procedures and methods to be followed. ∗ Example: Federal Administrative Procedures Act and Tennessee Uniform Procedures Act ∗ Laws within an agency’s field of expertise. ∗ Example: Environmental law Types of Administrative Law
  7. 7. Areas of Administrative Law
  8. 8. Explanation of Administrative Agency
  9. 9. ∗ Government body or organization created by legislatures to serve citizens by overseeing and administering laws in designated areas of expertise. ∗ Created to solve problems of public interest quickly and inexpensively. What are administrative agencies?
  10. 10. ∗ Legislatures delegate limited powers to agencies ∗ Lack of time/resources ∗ Complex problems needing expertise ∗ The enabling statutes that create agencies delineates the exact powers and limitations of the agency What are administrative agencies?
  11. 11. ∗ In TN, administrative agencies are created at Tenn. Code Ann. § 4-3-101 et. seq. ∗ Creation of each administrative agencies ∗ Organization ∗ Powers and duties What are administrative agencies?
  12. 12. ∗ Set standards ∗ Makes rules and regulations ∗ Prosecute against those who refuse to obey the regulations ∗ Make decisions on those actions that come before it in claims and hearings ∗ Investigate complaints Powers of administrative agencies
  13. 13. ∗ Social welfare ∗ Regulatory ∗ Independent ∗ Executive Categories of administrative agencies
  14. 14. Regulatory Agencies
  15. 15. ∗ Direct or regulate certain areas of public and private interests. ∗ Staffed by individuals in the occupational field being regulated. ∗ Powers, usually include: ∗ Define and establish regulations ∗ Monitor compliance with regulations ∗ Prosecute if regulations are violated ∗ Examples: Licensing of transportation, health related boards, board of professional responsibility Regulatory Agencies
  16. 16. Social Welfare Agencies
  17. 17. ∗ Administer and provide assistance on both federal and state levels ∗ Examples include: ∗ Disability ∗ Old age benefits ∗ Worker’s compensation ∗ Consumer protection ∗ Environmental protection Social Welfare Agencies
  18. 18. Independent Agencies
  19. 19. ∗ Agencies that make decisions on matters affecting the economy, such as stocks ∗ Staff consist of a board of five to seven members, often called commissions ∗ Purpose – specific task and they are specialists in their field. ∗ Called independent because they may only be removed by just cause. ∗ Examples: federal deposit insurance corporation, TSSAA Independent Agencies
  20. 20. Executive Agencies
  21. 21. ∗ Part of the executive branches of federal and state governments ∗ May both regulate and provide assistance ∗ The head of the department is appointed by the executive (e.g., president, governor). Therefore the agency is not independent of political influences. ∗ Head may not be an expert in the field and is easily removable. ∗ Examples: Department of Education, Department of Agriculture, Department of Health and Human Services Executive Agencies

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