Research Paper: Administrative Law

Federal Register

The Federal register is a daily publication of rules, regulations and other legal notices either issued or proposed by the federal administrative agencies. The register publishes rules by topic or subject matter in the Code of Federal Regulation, which is updated annually.

Rule Making

Rulemaking is an administrative law that provides for the process that executive and independent agencies follow while developing, or promulgating regulations. Statutes provide for the general guidelines, while independent agencies develop detailed regulations through the rulemaking process.

Separation of Powers

Separation of Powers is a constitutional principle that limits powers vested in one institution. It provides for division and responsibility of power for the three branches of the government: legislature, executive and judiciary. Additionally, the three branches exercise oversight of each other through the doctrine.

Informal Agency Action

Informal Agency Action is an act of a government agency, which is not adjudication or rulemaking. It may include activities such as investigations, which must have constitutional or legal intent.

Non-Delegation Theory

Non-Delegation Theory is a doctrine that bars a branch of the government from assigning its constitutional role to another entity. The doctrine reinforces separation of power among government branches.

Due Process

Due Process is a fundamental principle that provides for fairness, while handling a suspect. It is set by statute and court practices, to uphold human rights of fair treatment before the law.

Equal Protection

Equal Protection is a clause of the Fourth Amendment to the United States Constitution. It provides that no state shall deny a person fair treatment before the law.

Adjudication

Adjudication is a process where an arbiter reviews the presented materials in order to determine the rights and obligation of involved parties. Such petitions may involve disputes between private parties such as corporations, private parties and public official, or public official and public agencies.

Excepted Rulemaking

Excepted Rulemaking is a provision that allows legislatures to authorize state agencies adopts administrative rules without following the formal procedure.

Essays

Formal rulemaking is an administrative law that requires a trial-like or on-record proceeding when developing or inaugurating regulations. The aim is to ensure pubic is aware of the proposed rules, and can provide its feedback. Additionally, the agency involved in rulemaking, creates a record of the analysis and process in the presence of a judge to ensure adherence to procedures (Hall 143).

On the other hand, informal rulemaking does not resemble a court proceeding. However, it can have a hearing or on-paper suggestion from parties involved, before publishing regulations. Finally, the agency documents the regulation within 30 days before its effective date. Additionally, it should provide statements articulating the purpose of the rule (Hall 144).

Congress delegates authority to administrative agencies to make rules. Congressional and Presidential controls provides for 4 key elements over agency rulemaking. The first is the control on the finalization of the proposed rules. The rule denies the use of agency funds to make some proposed rules final. Secondly, it restricts some regulatory activities such as prohibition of the development and issuance, amendment, and implementation of some regulations. As a result, Congress and the executive may control the implementation or enforcement of some rules. Lastly, the Congressional and Presidential controls provide conditional restriction over agency rulemaking (Hall 119).

Congress creates administrative agencies, often called the 4th branch of government. Even though administrative agencies are autonomous executive branches, the President oversees their functions. They have the name “4th branch of government” because of acting as independent regulatory commissions. The President appoints, but cannot remove commissioners from office. As a result, they function as an autonomous branch of the government, which is however under the supervision of Congress and the President (Hall 142).

Section one is constitutional. Separation of powers is a basic principle in the Constitution. When adopting legislative programs, Congress cannot foresee all the issues that an administrative program will encounter. As a result, the Supreme Court provides through court ruling that officials administering general statutory programs must permit agencies “to feel the gaps”.

Various court ruling refers this act as “standards” or “intelligible principle”. Therefore, Congress provides rulemaking standards to an agency to guide and limit the discretion in the administration of powers. With the above in mind, Tree Hugger has the authority to establish a Board of Commissions to oversee the management of the park.

Additionally, as stated above, the Board can make rules necessary to the effective enforcement of the provision. Therefore, the provision limits the Board’s rulemaking authority to preserving the state of the park, while taking into consideration the interest of the stakeholders (Hall 112).

Section two is also constitutional; in the United States, Congress has legislative powers through the Constitution, which it can delegate. However, in the creation of administrative agencies, Congress does not only delegate legislative powers, but also judicial authority. In court rulings regarding the powers of the Federal Trade Commission in 1935, the Supreme Court held that the agency might exercise any executive function in discharging quasi-legislative or quasi-judiciary authority.

However, adjudication of such violation is not within the jurisdiction of the administrative agency. There are limits to the delegation, of judicial functions, and to administrative agencies. Additionally, administrative agencies can possess the authority to sanction. For example, they can impose and enforce administrative fines to parties in breach of quasi laws (Hall 113).

Considering the above-stated, it is within the Tree Hugger, Inc. mandate to adopt legislative authority to persons violating the park rules. The park can impose sanctions inform of fines to persons guilty of the said offences.

However, the adjudication of such violation is not within the powers of an administrative agency, and for this reasons, Tree Hugger, Inc. must conduct a hearing with the help of an administrative law judge. Furthermore, the hearing should be in line with state and federal constitutional and statutory laws, while felony violation will require a state trial judges (Hall 119).

The third section is subjective and depends on statutes. Federal and state administrative agencies and commissions have the power to make a decision that gives or denies benefits, and impose obligations of offenders. However, individuals not satisfied with the ruling, can request an administrative hearing.

At the hearing, an administrative judge reviews the case and makes a ruling to whether the decision impacts on the rights of the defendant. Additionally, an individual can appeal a decision to a court of law, at the state of federal level, unless the statute forbids. The court does not allow new evidence. It uses evidence from administrative proceedings to determine whether the rule was within the law, statutes, or arbitrary (Hall 120).

Therefore, the Board of Commissioners at Tree Hugger has the jurisdictions to give an order, either to deny benefits or impose obligations of offenders. The ruling must be set by the presiding administrative judge. However, the decision is not final and unreviewable. A party charged at the court has the right to seek an appeal. The latter can take place at the State or Federal Court. The court uses evidence from administrative proceeding to determine if it aligns with statutes. However, it does not allow new evidence (Hall, 120).

Jane has a legal right to claim for employment benefits. The law protects the rights of an employee from arbitrary and unfair action by employers. When an employer terminates employments with no legal grounds, he must provide reasonable notice of termination to the employee. Additionally, an employer must provide compensation, including benefits in lieu of notice.

If an employer does not provide such compensation, an employee may seek legal rights with a claim for compensation. Negotiation may be used to settle dismissal claims; however, other may require court action. In Jane’s case, she may claim damages or pay in lieu of reasonable notice. The reason will be that she did not receive reasonable notice for termination of employment (Hall 67).

Secondly, Jane has a legal claim for reinstatement or compensation. The employer can only dismiss an employee, according to the terms of an employment contract. Such contracts can either be oral or written, as well as a combination of the two. An employee can be dismissed wither by cause or without cause.

Cause is considered an employee behavior that constitutes a breach of terms of the employment contracts. As a result, an employer can dismiss the employee without notice. If there is no cause, then such a dismissal will be unlawful, and the employee should be resistant (Hall 65).

In a situation where Jane does not seek reinstatement, she can claim for compensation base on the income for the months she did not report at work. For example, a court can accredit income to Jane, based on the amount she should have earned.

On such basis, the Court may also limit the notice dues payable by the employer. This approach is more preferable than reinstatement because the relationship between Jane and her seniors may have soared. As a result, she may have no healthy relationship when reinstated to the same position at work (Hall 67).

Works Cited

Hall, Daniel. Administrative Law: Bureaucracy in a Democracy. Upper Saddle River, N.J: Prentice Hall, 2012. Print.