Administrative law governs administrative agencies and defines their powers and legal limits. Agencies are created by legislatures to administer laws in areas requiring expertise like environmental protection. Administrative authority comes from enabling acts that define an agency's role and delegate powers from legislatures. There are different types of administrative laws including substantive laws protecting rights and procedural laws defining legal processes. Agencies have powers granted by their enabling statutes like setting standards, making rules and regulations, and deciding cases. Agencies can be regulatory, social welfare, independent, or executive depending on their functions and organization.

1. Administrative Law
and
Administrative Agencies

2. Explanation of Administrative Law

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. ∗ 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. Powers of Enabling Statute (Act/Law)

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. Areas of Administrative Law

8. Explanation of Administrative Agency

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. ∗ 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. ∗ 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. ∗ 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. ∗ Social welfare
∗ Regulatory
∗ Independent
∗ Executive
Categories of administrative agencies

14. Regulatory Agencies

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. Social Welfare Agencies

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. Independent Agencies

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. Executive Agencies

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