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: 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. The APA also specifies when courts may review and nullify administrative agency rules and provides standards for any administrative hearings that are conducted. Federal agencies—both executive and independent—have to follow the rulemaking procedures outlined in the APA. First, the agency must publish a proposed rule in the Federal Register and give the public at least 45 days to review the rule and submit a public comment if they choose. Public comments can either oppose or support the proposed rule and can be submitted by virtually anyone, including individuals, companies, and interest groups. During this period, the agency has the option of conducting a public hearing on the proposed rule.