Administrative Law

Emergency and Interim Administrative Rules Introduction Administrative agencies normally follow established procedures before adopting legally binding regulations. In ordinary notice-and-comment rulemaking, an agency proposes a rule, publishes notice, receives public comments, considers the relevant material, and then issues a final rule. But what happens when the government believes it cannot Read more

Agency Guidance, Policy Statements, and Interpretive Rules Introduction Administrative agencies do more than issue legally binding regulations. They also publish guidance documents, interpretive rules, policy statements, manuals, circulars, advisory opinions, enforcement guidance, frequently asked questions, bulletins, and other materials explaining how the agency understands and administers the law. These documents Read more

Public Participation in Administrative Rulemaking Introduction Administrative agencies exercise enormous governmental power. They regulate workplaces, financial markets, transportation, environmental protection, communications, healthcare, consumer products, energy, employment, and countless other areas of modern life. But administrative government is not supposed to operate entirely behind closed doors. One of the defining features Read more

Notice and Comment Rulemaking Introduction One of the most important ideas in American administrative law is that government agencies generally cannot simply announce new regulatory requirements and impose them on the public without following legally prescribed procedures. For many federal regulations, the central procedure is notice and comment rulemaking. Notice Read more

Legislative Rules vs. Interpretive Rules One of the most important distinctions in administrative law is the difference between legislative rules and interpretive rules. Administrative agencies issue many different kinds of rules, regulations, guidance documents, interpretations, and policy statements. These forms of administrative action do not all have the same legal Read more

What Is Administrative Rulemaking? Administrative agencies do not merely enforce laws passed by Congress. They also create detailed rules and regulations that give practical effect to statutes. This process is known as administrative rulemaking. Rulemaking is one of the most important functions of the modern administrative state because statutes often Read more

Ultra Vires Administrative Action Administrative agencies possess substantial governmental power. They may issue regulations, investigate violations, conduct hearings, administer federal programs, grant or revoke licenses, impose authorized penalties, and make decisions affecting millions of people. But administrative power has a boundary. An agency cannot lawfully exercise every power that its Read more

Delegation of Governmental Power Modern government could not function if Congress had to write every rule, determine every technical standard, investigate every violation, and decide every administrative matter itself. Congress legislates. Administrative agencies administer. That division of labor is one of the defining characteristics of the modern administrative state. But Read more

Agency Powers and Authority Administrative agencies exercise enormous amounts of governmental power. They regulate businesses, administer public programs, investigate violations, issue licenses, conduct hearings, promulgate regulations, impose administrative penalties, and make thousands of decisions affecting individuals and organizations every day. But an agency does not possess governmental power simply because Read more