Law

Administrative agencies may also create laws. The federal and state constitutions implicitly give the legislatures the power to create administrative agencies. Administrative agencies are necessary because lawmakers often lack detailed knowledge about important issues, and they need experts to manage the regulation of complex subjects. On the federal level, for example, the Department of the Interior was created by Congress to manage the nation's natural resources. In creating the agency, Congress gave it power to promulgate regulations concerning the use and protection of natural resources.

Administrative agency regulations have the force of law if they have a binding effect on the rights and duties of persons. For example, INTERIOR DEPARTMENT regulations that prohibit mining or logging in certain areas of the country are considered law, even though they are not formulated by an elected official or judge. Federal administrative agency rules are approved by Congress, so ultimately they are a product of the will of elected officials. Similarly, on the state and local levels, an administrative agency may promulgate rules that have the force of law, but only at the pleasure of the elected lawmakers that created the agency. If an agency seeks to change a regulation, it must, in most cases, inform the public of its intentions and provide the public with an opportunity to voice concerns at a public meeting.

Not all agency regulations have the force of law. Agency rules that merely interpret other rules, state policy, or govern organization, procedure, and practice need not be obeyed by parties outside the agency.

Some administrative agencies have QUASI-JUDICIAL powers. That is, they have limited authority to hear disputes and make binding decisions on matters relevant to the agency. For example, the HEALTH AND HUMAN SERVICES DEPARTMENT (HHS) has a court with authority to hear cases concerning actions by the HHS, such as the denial of SOCIAL SECURITY benefits. An ADMINISTRATIVE LAW judge (ALJ) presides over the court, and appeals from ALJ decisions can be taken to an HHS appeals council. If an administrative agency has quasi-judicial powers, decisions made by the ALJ and boards of appeals have the force of law.

The quickest way to uncover information about state agency regulations is to search the World Wide Web. Most state agencies maintain a comprehensive website. Each state's SECRETARY OF STATE can also be accessed on the Web. Most agencies are named according to their area of concern. For example, a department of GAMING is concerned with gambling, and a department of fish, game, and wildlife is concerned with issues related to hunting and wildlife conservation.

Executive orders are issued to interpret, implement, or administer laws. On the federal level, executive orders are issued by the president or by another EXECUTIVE BRANCH official under the president's direction. Executive orders range from commands for detailed changes in federal administrative agency procedures to commands for military action. To have the force of law, a federal EXECUTIVE ORDER must be published in the Federal Register, the official government publication of executive orders and federal administrative agency regulations. On the state level, governors have similar authority to make laws concerning state administrative agencies and state military personnel.