Title: Administrative Law | Justia
Headings: Administrative Law
Administrative Law
How Administrative Agencies Create Laws
Challenging Administrative Decisions
Agency Rulemaking
Agency Investigations
Agency Enforcement Actions
Administrative Hearings

Content: At the federal level, Congress and the President have the authority to establish administrative agencies and to vest them with certain powers. An agency that is established by the president is referred to as an executive agency, while agencies established by an act of Congress are referred to as independent agencies. Overall, there are very few differences between executive and independent agencies. The primary difference between an executive agency and an independent agency is that Congress typically restricts the President from removing the head of an independent agency without just cause. The heads of executive agencies serve at the will of the President and can be removed at any time. Some of the most widely known federal administrative agencies include the United States Department of Agriculture, the Federal Food and Drug Administration, and the Department of Justice. At the state level, agencies are created in the same way and typically mirror some of the key federal agencies. For example, the federal government established the Occupational Health and Safety Administration, and almost every state has established some agency dedicated to matters involving occupational health and safety. How Administrative Agencies Create Laws
In 1946, Congress adopted the Administrative Procedures Act (“APA”), which governs the process by which administrative agencies create and enact laws. The Act was implemented in order to ensure that the public has adequate notice of proposed laws, that there is an opportunity to comment on the proposed law, and that there are clear standards for agency rulemaking.