SCOPE & PURPOSE OF AGENCY; WHO IS? WHAT IS?

ENABLING STATUTE
1. The president is an administrative agent whose enabling statute is the federal Constitution.
  1. THE ??? IS AN ADMINISTRATIVE AGENT WHOSE ENABLING STATUTE IS ?????
    1. Governmental representation in an administrative capacity of any kind can be considered administrative agency.
5 U.S.C. §551
1. http://www.gpo.gov/fdsys/pkg/USCODE-2011-title5/pdf/USCODE-2011-title5-partI-chap5-subchapII-sec551.pdf
  1. AGENCY MEANS:
    1. ADMINISTRATIVE PROCEDURES ACT To keep agencies from wielding unbridled power, the Administrative Procedure Act of 1946 (APA) (5 U.S.C.A. § 551 [1982]) sets standards for the activities and rule making of all federal regulatory agencies. The APA provides federal courts with a framework for reviewing the rules made and procedures used by administrative agencies. Individual states have similar statutes to guide their own courts.
      1. 5 U.S.C. §551 (6) ‘‘order’’ means the whole or a part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rule making but including licensing;
      2. 5 U.S.C. §551 (7) ADJUDICATION
      3. Given the specialized knowledge within administrative agencies, ADMINISTRATIVE LAW judges (ALJs), who hear agency claims and disputes, are loath to overturn the legal conclusions reached by administrative boards.
      4. WHO IS ADMINISTRATIVE BOARD?
      5. HAVE THEY MADE ANY LEGAL CONCLUSIONS?
      6. THEY ARE LOATH TO ACKNOWLEDGE AGENCY CLAIMS OR DISPUTES EXIST AT ALL, BECAUSE THEY ARE ACTING IN THE CAPACITY OF ADMINISTRATIVE AGENTS AND NOT JUDIICAL OFFICERS
      7. JUDICIAL REVIEW
      8. http://www.gpo.gov/fdsys/pkg/USCODE-2011-title5/pdf/USCODE-2011-title5-partI-chap7.pdf
      9. 5 U.S.C. §701. Application; definitions.
      10. 5 U.S.C. §702. Right of review.
      11. 5 U.S.C. §703. Form and venue of proceeding.
      12. 5 U.S.C. §704. Actions reviewable.
      13. 5 U.S.C. §705. Relief pending review.
      14. 5 U.S.C. §706. Scope of review.
Federal Administrative Agencies
1. federal agency. A department or other instrumentality of the executive branch of the federal government, including a government corporation and the Government Printing Office. • The Administrative Procedure Act defines the term agency negatively as being any U.S. governmental authority that does not include Congress, the courts, the government of the District of Columbia, the government of any territory or possession, courts-martial, or military authority. 5 USCA § 551. The caselaw on this definition focuses on authority: generally, an entity is an agency if it has authority to take binding action. Other federal statutes define agency to include any executive department, government corporation, government-controlled corporation, or other establishment in the executive branch, or federal regulatory board. [Cases: Administrative Law and Procedure 101; United States 30. C.J.S. Public Administrative Law and Procedure § 8; United States § 49.] independent agency.A federal agency, commission, or board that is not under the direction of the executive, such as the Federal Trade Commission or the National Labor Relations Board. — Also termed independent regulatory agency; independent regulatory commission. [Cases: United States 29. C.J.S. United States §§ 52, 57.] Black's Law Dictionary (8th ed. 2004) , Page 193
  1. State and local administrative agencies often mirror federal agencies. Thus, the individual states have agencies that control transportation, public health, public assistance, education, natural resources, labor, law enforcement, agriculture, commerce, and revenue.
    1. LIMITED LAWMAKING AUTHORITY
      1. SUBSTANCE OF AGENCY POWER MUST BE INTELLIGIBLE
      2. CONTROLS LIMITING POWERS
      3. State Administrative Agencies
      4. state agency.An executive or regulatory body of a state. • State agencies include state offices, departments, divisions, bureaus, boards, and commissions. — Also termed state body.
      5. Local Administrative Agencies
      6. local agency.A political subdivision of a state. • Local agencies include counties, cities, school districts, etc. Black's Law Dictionary (8th ed. 2004) , Page 193
YOU MUST EXHAUST ADMINISTRATIVE REMEDIES
NOW WRAP YOUR MIND AROUND THAT....
1. CREATED by Lisa Stinocher O'Hanlon 02.28.2013 Black's Law Dictionary, XMind Software For More of my Maps: https://www.xmind.net/share/hennalady/ For More of my Musings: http://angryjeweler.wix.com/write http://angryjeweler.wix.com/thehennalady
Agencies are created by an enabling statute, which is a state or federal law that gives birth to the agency and outlines the procedures for the agency's rule making. Furthermore, agencies include the public in their rule-making processes.
1. Thus, by proxy, agencies are the will of the electorate.
  1. An agency's actions must be in accordance with its enabling statute, and courts will examine the agency records to determine whether the agency exceeded its lawmaking or judicial powers.
    1. Any regulation established by such an agency that conflicts with a federal regulation will not be legally valid, but this fact does not keep state agencies from developing regulations that differ from those promulgated by their federal counterparts.
      1. Rigorous judicial oversight of agencies would defeat a cherished feature of administrative agency by eliminating agency flexibility in resolving conflicts. To avoid this outcome, most enabling statutes are worded vaguely, in such a way as to allow the agencies broad discretion in determining their rules and procedures.
      2. Supporters of administrative agencies note also that agencies are able to adjudicate relatively minor or exceedingly complex disputes more quickly or more flexibly than can state and federal courts, which helps preserve judicial resources and promotes swift resolutions. Opponents argue that swiftness and ease at the expense of fairness are no virtues, but while the debate continues, administrative agencies thrive.
      3. The strict rules observed in a courtroom do not apply to these hearings, and the board's decisions must account for the public interest as well as the rights of the prisoners/CLIENTS/VICTIMS.
      4. Determinations and sanctions made by ALJs are subject to review by state or federal courts, but a party must exhaust all appeals within the agency before suing in civil court.
      5. DOCTRINE OF EXHAUSTION