Administrative Law

The Informal Process

Peter Woll

• Publisher: University of California Press
• Year: 2023
• Print ISBN: 9780520307759
• eBook ISBN: 9780520312456
• Edition: 1
• Topic: Law
• Subtopic: Administrative Law
• Index: Law

Administrative Law: The Informal Process provides an in-depth exploration of the evolution and functions of administrative agencies within the American legal and governmental systems. Addressing the critical role of agencies in rule-making and adjudication, this work examines the constitutional challenges and democratic implications posed by the rise of what has often been referred to as the "fourth branch of government." While traditional separation of powers was intended to keep legislative, executive, and judicial functions distinct, administrative agencies have blurred these boundaries by combining rule-making and adjudicative functions within a single institution. This book investigates how the adjudicative processes of these agencies, particularly in the form of informal adjudication, significantly influence the lives of individuals and the development of public policy. Focusing on the adjudicative functions of agencies like the Interstate Commerce Commission (ICC), Federal Communications Commission (FCC), and National Labor Relations Board (NLRB), Administrative Law provides a critical analysis of the procedural dynamics that give shape to administrative rulings. It emphasizes the pragmatic need for expertise, speed, and public policy adherence, which often lead to informal adjudicative practices over formal proceedings. By examining specific agencies in detail, this work constructs a nuanced portrait of the administrative process, offering insights into the legal standards and adversarial contexts that define administrative adjudication today. This volume is essential reading for students and scholars interested in understanding the mechanisms through which administrative agencies shape both law and daily life in modern governance. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1974.

Table of contents

• Cover
• Title
• Copyright
• Contents
• Introduction
• Chapter I ADMINISTRATION, THE CONSTITUTION, AND THE COMMON LAW
• CONSTITUTIONAL AND COMMON-LAW FRAMEWORK
• DUE PROCESS OF LAW IN ADMINISTRATIVE PROCEEDINGS
• THE DEVELOPMENT OF INFORMAL ADMINISTRATIVE ADJUDICATION
• Chapter II SHORTENED PROCEDURE IN THE FORMAL ADMINISTRATIVE PROCESS
• OPPORTUNITY TO BE HEARD
• THE CONCEPT OF SHORTENED PROCEDURE IN THEORY
• THE USE OF SHORTENED PROCEDURE BY ADMINISTRATIVE AGENCIES: THE ICC, CAB, AND SEC
• THE USE OF PREHEARING CONFERENCES
• CONCLUSION
• Chapter III APPLICATION CASES
• THE ADMINISTRATIVE PROCEDURE ACT OF 1946
• THE SECURITIES AND EXCHANGE COMMISSION
• THE INTERSTATE COMMERCE COMMISSION
• THE FEDERAL COMMUNICATIONS COMMISSION
• THE NATIONAL LABOR RELATIONS BOARD
• CONCLUSION
• Chapter IV COMPLAINT CASES
• THE INTERNAL REVENUE SERVICE
• THE FEDERAL TRADE COMMISSION
• THE NATIONAL LABOR RELATIONS BOARD
• THE INTERSTATE COMMERCE COMMISSION
• THE SECURITIES AND EXCHANGE COMMISSION
• THE FEDERAL COMMUNICATIONS COMMISSION AND THE CIVIL AERONAUTICS BOARD
• CONCLUSION
• Chapter V THE PURE ADMINISTRATIVE PROCESS
• THE VETERANS ADMINISTRATION AND THE BUREAU OF OLD AGE AND SURVIVORS INSURANCE
• THE FCC, FTC, AND ICC
• CONCLUSION
• Chapter VI ADMINISTRATIVE JUSTICE AND THE INFORMAL ADMINISTRATIVE PROCESS
• CURRENT APPROACH TO IMPROVEMENT
• EVALUATION OF REFORM PROPOSALS
• CONCLUSION
• Notes
• Index