The course starts with a
discussion of the role that administrative agencies play in the government and
the powers and limitations on the ability of Congress to delegate authority to
them. We’ll look at the agencies’ roles as part of the executive branch of
government and discuss why administrative agencies are often said to have
characteristics of all three branches of government.
In module two, we will
introduce the Administrative Procedures Act. We will discuss the “due process”
constitutional requirements that govern agency actions and also introduce the
two primary mechanisms by which agencies operate: rulemaking and adjudication.
Module three follows up by
looking at agency rulemaking. We will discuss the process for initiating new
rules and formal and informal rulemaking. We will focus on the public comment
requirements and the mechanisms by which proposals can become agency rules or
regulations.
Module four then looks at
agency adjudication. We will discuss the role of administrative law judges in
the way in which formal and informal agency adjudication processes must be
managed. We will also look at the standards under which administrative
adjudication takes place and the requirements of fact-finding and decision
making by administrative law judges.
The last module covers
judicial review of agency decisions. We will look at the standards under which
agency decisions are reviewed and roadblocks that people often face in suing to
have administrative actions reversed. Included in these are sovereign immunity
and the doctrines of standing and ripeness.
When you complete this course,
you will understand the sources of agencies’ authorities, the basics of their
processes and the checks on their powers. You will also have a better idea of
why, though perhaps not as heralded as the executive, legislative and judicial
branches of government, administrative agencies often play equal roles in the
management of federal and state governments.
Best of luck and we welcome
your feedback.
GOV-301: Administrative Law