Administrative law is all law regarding administrative agencies, including rules, statutes, regulations, and agency and court interpretations of these activities. An administrative agency is any nonjudicial, nonlegislative government entity that creates and administers laws. Major administrative agencies affecting businesses in the United States include the Federal Trade Commission (FTC), ENVIRONMENTAL PROTECTION AGENCY (EPA) and DEPARTMENT OF LABOR, to name a few. Administrative agencies can be created by either statutes or executive orders. Most are created by statutes known as organic acts, whereby a legislature recognizes a problem and creates an agency to address the problem. Administrative agencies are often created when
• legislatures and courts do not have the technical expertise to deal with specific issues
• ongoing oversight is needed for the protection of society from harm
• the weak and poor need assistance
• there is need for speed and efficiency in government decision making
• conflicts exist between groups and the judicial system Some of the more important federal administrative law statutes include
• the Federal Register Act (1935), providing ways for citizens to access up-to-date information about agencies and regulations
• the Administrative Procedure Act (1946), setting requirements for conducting rulemaking and adjudication by agencies
• the FREEDOM OF INFORMATION ACT (FOIA, 1966), requiring agencies to disclose information in their possession to citizens
• the Federal Privacy Act of 1974, preventing agencies from disclosing about individuals without prior written consent
• the Sunshine Act (Government in Sunshine Act of 1976), or open meeting law, requiring agencies to conduct business in open forums
• the Civil Service Reform Act (1978), protecting many, but not all, civilian federal employees involved in WHISTLE-BLOWER complaints Administrative law also includes sunset provisions, which terminate administrative agencies after a set period of time; and the creation of ombudspersons, agency representatives whose job is to ensure agencies operate for the purpose and benefit they were created.