Administrative Law

Administrative Law Professor Wells TR 9:30-10:45 Website: http://law.missouri.edu/wells/admin/

Administrative law is the law related to the management of government affairs. • It involves the system of general legal principles that legitimate and control the actions of administrative agencies. What is administrative law?

Generally defined as “any government entity that exercises government authority.” • APA § 551(1)(A)-(H): Each authority of US gov’t, whether or not it is within or subject to review by another agency, that is not Congress, the federal courts, a territorial gov’t, or certain military entities • http://www.usa.gov/directory/federal/index.shtml What is an administrative agency?

You are a local micro brewer in Columbia, Missouri who sells beer only in the city. You were just contacted by the Beer Trade Commission (“the BTC”), a newly created federal agency, informing you that it is assessing a very large monetary penalty on you for acting as a beer merchant in interstate commerce without a license, which violates its rules and regulations as found at 27 C.F.R. 'XXX et seq. You have never heard of this entity but you want to challenge this fine as you do not believe you need any “interstate” license required by this agency since you only sell beer in Columbia. In its communication with you the BTC noted that you have 30 days to respond and request a hearing. Hypothetical involving Beer Trade Commission – a fictional federal agency:

Agencies don’t just appear out of nowhere. • They are created by Congress. (Or at the state level by state legislatures.) • The Act doing this is usually called the “enabling” or “organic” act. • See Section 1 of the Beer Trade Commission Act. What is this thing called the BTC and where did it come from?

It depends on (1) what the agency’s goals and purposes are,(2) what powers the agency has, and (3) whether the agency follows appropriate procedures • All of these issues are critical aspects of the study of administrative law Can the BTC assess a fine on you for failing to have a license?

Promotion/development/protection of the beer industry ('' 3/4) • Prevent/punish deceptive and manipulative actions in connection with the sale of beer ('5) • Regulate conduct of beer merchants (' 6) Note that most of these have to be gleaned from reading the statute – there is no “purposes” section in the BTC as there is some statutes What are the BTC’s goals and purposes?

Public interest theory: Agencies regulate in the interest of the public good and to promote public values or battle actions that are not in the public interest • Public choice theory: Agencies regulate as a result of politics and influence of various interest groups – i.e., Congress, regulated entities, public interest groups, etc. Whoever has the most power among these groups after the wrangling is over, has the most influence on the agency’s actions. Why would Congress create an agency to achieve these goals?

Grant license to act as beer merchant (''6/8) • Enact rules to (1) punish deceptive actions re the sale of beer, and (2) re licensing of beer merchants ('' 5/8) • Hold hearings and issue orders revoking/suspending licenses of beer merchants(' 6) • Hold hearings and issue administrative/civil penalties re violations of the Act or BTC rules (''7/10/11) • Power to gather evidence re violations of Act or BTC rules (especially false/misleading actions sales of beer)(' 7) • Note how many of these powers are implicated in the hypothetical. Is this a problem? • If you want to challenge BTC’s requirement that you obtain an interstate license, where do you go – i.e., where is administrative law practiced? What powers does the BTC have to achieve its goals and purposes?

Those legal principles that: • Define agency structure • Define the powers of agencies • Specify the procedural formalities agencies use • Determine the processes of agency decisions • Outline the role of the various entities interacting with agencies including: • Congress • Executive branch • Reviewing court • Regulated entities/individuals General Framework of Administrative Law

Constitutional Law • Separation of Powers • Procedural Due Process • Administrative Procedure Act (APA) - 1946 • Prescribes procedures and a framework for judicial review • Organic/Enabling Statutes • Other Statutes • Statutes imposing requirements on all agencies – e.g., FOIA, NEPA • Federal Common Law • Mostly created prior to the APA (occasional reference back) • Regulations • Agency rules enforcing a statute – see Code of Federal Regulations (“C.F.R.”) Sources of Administrative Law

Administrative Law