-
State Administrative Agencies
-
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.
- 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.
-
Local Administrative Agencies
- 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
-
Federal Administrative Agencies
-
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
-
On the federal level, business and individual matters are addressed by such agencies as the Farm Credit
Administration, Small Business Administration, Commodity Futures Trading Commission, Federal Trade
Commission, Federal Deposit Insurance Corporation, Office of Thrift Supervision, Internal Revenue Service,
DEPARTMENT OF COMMERCE, Interstate Commerce Commission, and Securities and Exchange Commission.
Governmental money matters are overseen and assisted by the General Accounting Office, Office of Management
and Budget, Office of the Comptroller of the Currency, Treasury Department, General Services Administration,
Congressional Budget Office, and Federal Reserve Board.
-
Public services are handled by administrative agencies that include the DEPARTMENT OF EDUCATION, DEPARTMENT OF
TRANSPORTATION, Environmental Protection Agency, Food and Drug Administration, DEPARTMENT OF HEALTH AND HUMAN
SERVICES, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Department of Interior, Immigration and Naturalization
Service, and National Highway Traffic Safety Administration.
-
Work-related administrative agencies include the Tennessee Valley Authority, Office of Technology Assessment,
Occupational Safety and Health Administration, Occupational Safety and Health Review Commission, National
Labor Relations Board, Mine Safety and Health Administration, Mine Safety and Health Review Commission, Merit
Systems Protection Board, DEPARTMENT OF LABOR, Equal Employment Opportunity Commission, and Office of
Personnel Management.
-
Police and military functions are served by the Central Intelligence Agency, DEPARTMENT OF DEFENSE, Department of
Justice, DEPARTMENT OF VETERANS AFFAIRS, Federal Bureau of Investigation, and National Security Council.
The administrative agency that directly affects the most U.S. citizens is the Social Security Administration (SSA).
The SSA collects contributions from workers and pays out cash benefits when a worker retires, dies, or becomes
disabled.
-
As the needs of the nation change, Congress continues to establish new agencies and abolish existing agencies.
The Interstate Commerce Commission, for instance, was established in 1887 to regulate carriers engaged in the
transportation of interstate and foreign commerce in the United States. Over time, many of the commission's
functions were transferred to other agencies or otherwise abandoned, and Congress abolished the commission in
1995.
A more recent example of the development of an administrative agency is the creation of the Homeland
Security Department in 2002 to prevent terrorist attacks in the United States and to reduce the country's
vulnerability to Terrorism in the aftermath of the September 11th Attacks.
- Governmental representation in an administrative capacity of any kind can be considered administrative agency.
AGENCY can refer to a CONTRACT.
-
INDEPENDENT AGENCY
-
However, an enabling statute may establish an independent agency, commission, or board, which does
not fall under the direction of the president. The primary distinction between an executive agency and an
independent agency is that the statute creating an independent agency typically precludes the president from
removing the head of the agency without cause.
-
An administrative agency that falls under the direction of the
Executive Branch is referred to as an executive agency.
-
Because the president is generally able to appoint
the chairs or fill vacancies within these agencies,
the president is often able to influence their
activities, notwithstanding the limitation on
the removal of the heads of the agencies.
- Humphrey's Executor v. United States, 295 U.S. 602, 55 S. Ct. 869, 79 L. Ed. 1611
(1935), the Court held the President FRANKLIN D. ROOSEVELT could not remove the commissioner of the Federal Trade
Commission (FTC) without cause. The statute that created the commission permitted removal of the commissioner
only for inefficiency, neglect of duty, or malfeasance of office.
-
Many of the administrative agencies that affect everyday
activities are independent agencies. Among the numerous
examples of independent agencies are the Central Intelligence
Agency, Environmental Protection Agency, the
NATIONAL LABOR RELATIONS BOARD, and the
Securities and Exchange Commission.
- quasi-governmental agency.A government-sponsored enterprise or corporation (sometimes
called a govern-ment-controlled corporation), such as the Federal National Mortgage Corporation.
[Cases: United States 53. C.J.S. United States §§ 83, 88–95.]
Black's Law Dictionary (8th ed. 2004) , Page 193
- financing agency.A bank, finance company, or other entity that in the ordinary course of
business (1) makes advances against goods or documents of title, or (2) by arrangement with
either the seller or the buyer intervenes to make or collect payment due or claimed under a
contract for sale, as by purchasing or paying the seller's draft, making advances against it, or
taking it for collection, regardless of whether documents of title accompany the draft. UCC §
2-104(2).
Black's Law Dictionary (8th ed. 2004) , Page 192
- universal agency.See general agency.
2. An agent's place of business. 3. A governmental body with the authority to implement and
administer particular legislation. — Also termed (in sense 3) government agency; administrative
agency; public agency; regulatory agency. [Cases: Administrative Law and Procedure 101. C.J.S.
Public Administrative Law and Procedure § 8.]
-
NOW WRAP YOUR MIND AROUND THAT....
- 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