Agency structure Flashcards
Where do agencies get their power?
The leg delegates power through enabling statutes.
What is functionalist theory? Does it support the power of agencies?
Gov’t couldn’t function without allowing the executive branch to enact its own laws. Agencies are necessary and okay.
What is formalism theory? Does it support the power of agencies?
Some laws are inherently legislative and others are administrative.
This view rejects that admin law is constitutional.
What are the two ways in which an agency can exceed its power?
By doing something it wasn’t given authority to do
By not doing what it was required to do
Laws require the EPA to conduct studies and regulate greenhouse gases if they contribute to air pollution. Is it a violation of the law for the EPA to pronounce that it will not regulate greenhouse gases?
Yes. An agency must do what it is ordered to do by law.
TDFPS must require a minimum of 8 hours of training. Can they require 10?
Yes. If the leg has set a floor, the agency can in its discretion require more
Commission/Board: how are they appointed?
Governor appoints
Senate must approve
What is unique about the RRC board?
They are elected, not appointed. So, they don’t send cases to SOAH.
What distinguishes the Comm/Board from the Exec Director?
Commission/Board - Not involved in day-to-day affairs
Executive Director - Doesn’t have authority to act independently of the Commission/Board; More active
What is non-delegation theory?
under separation of powers, one branch cannot delegate its authority to another branch or to private citizens. More specifically, as to laws, the legislature may not delegate the ability to enact laws to another body or entity.
What are the two types of delegations the leg can do?
Private
Public
What must be true about a valid public delegation?
As long as there are limitations (a “fence”), public delegations are almost always proper.
There must be an “intelligible principle”
Is this a proper delegation?: Private carriers did set fees, but were given adequate guidelines, and were subject to review by the agency.
Yes
What are the three types of agency jurisdiction, and what to they mean?
Exclusive. Agency has sole jurisdiction to resolve issues.
Primary. Agency has concurrent jurisdiction with courts, but courts defer to agency to decide matters within its expertise first.
Concurrent. Party can choose venue.
What should a court do if the agency has exclusive jdx? What if agency has exclusive jdx over only some of the claims?
Court lacks subject matter jdx if agency has exclusive jdx.
Court should dismiss unless the party has exhausted all administrative remedies.
Court should abate if the agency has exclusive jdx over only some of the claims in the lawsuit. If the non-agency claims are totally unrelated to the agency-exclusive claims (don’t involve the same facts, not dependent at all on the agency’s determination), then the court will probably just sever the non-agency claims.
