Administrative regulation

“ By virtue of the nature of the business they carry on and the public's interest in it, public utilities are subject, as to their local business, to State regulation exerted either directly by legislature or by duly authorized administrative bodies. ”

“ If the Länder execute federal laws as their own business, they shall regulate the establishment of the authorities and the administrative procedure, unless federal laws, with the consent of the Chamber of the Länder, provide otherwise. The Federal Government may, with the consent of the Chamber of the Länder, issue general administrative regulations. (2) The Federal Government shall exercise legal supervision. For this purpose, it may send representatives to the supreme Land authorities. ”

“ General Requirements.
In promulgating new regulations, reviewing existing regulations, and developing legislative proposals concerning regulation, all agencies, to the extent permitted by law, shall adhere to the following requirements:
(a) Administrative decisions shall be based on adequate information concerning the need for and consequences of proposed government action;
(b) Regulatory action shall not be undertaken unless the potential benefits to society from the regulation outweigh the potential costs to society ”

“ A determination of administrative authority may of course be made at the behest of one so immediately and truly injured by a regulation claimed to be invalid, that his need is sufficiently compelling to justify judicial intervention even before the completion of the administrative process. ”

“ In practical effect the true measure of conflict between the state and federal scheme of regulation may not be found only in the collision between the formal orders that the two boards may issue. We know that administrative practice also disposes of cases in which no order has been entered. ”

“ Because of the varied and important responsibilities of a quasi-judicial nature that have been entrusted to administrative agencies in the regulation of our political and economic life, their activities should not be subjected to unwarranted and illadvised intrusions by the judicial branch of the government. ”

“ It is a commonplace of administrative law that the evaluation to be given criterial findings, if adequately supported, is left essentially to the administrative agency charged with primary responsibility for interpreting the will of Congress. The extent to which this is so will be misconceived if drawn from abstract conceptions of 'fact,' 'law,' or 'law-application.' For one thing, the permissible scope of administrative discretion may vary from section to section within a single statute. ”

“ Members of the Federal Executive Council and officials in federal administrative agencies and federal organizations shall be responsible for the execution of policy and the enforcement of statutes, other regulations and enactments exclusively to federal agencies, and in the performance of their function may not receive directives or orders from the agencies and officials of other socio-political communities, nor may they follow such directives and/or orders. ”

“ Administration is more than a means of regulation; administration is regulation. We have been concerned with conflict in its broadest sense; conflict with a complex and interrelated federal scheme of law, remedy, and administration. Thus, judicial concern has necessarily focused on the nature of the activities which the States have sought to regulate, rather than on the method of regulation adopted. ”

“ With respect to national policies administered by the States, the national government should grant the States the maximum administrative discretion possible. Intrusive, Federal oversight of State administration is neither necessary nor desirable.
(d) When undertaking to formulate and implement policies that have federalism implications, Executive departments and agencies shall:
(1) Encourage States to develop their own policies to achieve program objectives and to work with appropriate officials in other States. ”

“ It cannot be regarded as an impairment of the intended efficiency of an administrative agency that it is confined to its proper sphere, but it may be observed that the instances which permit of a challenge to the application of the statute, upon the grounds we have stated, appear to be few. ”

“ The mechanism of referring to state law is simply one designed to implement that congressional intent and build into the federal statute a self-executing provision to accommodate to changes in state regulation. ”

“ Jurisdiction concerning the acquisition or loss of the status of an administra¬ tive organ shall be exercised only by courts.
The organization, and incorporation of local administrative bodies into unions, their functions, powers, financial and disciplinary matters and their mutual ties and relationships with the central administration shall be regulated by law. Sources of income for these administrative bodies shall be provided proportionate to their functions. ”

“ It is a further question whether it is possible for the legislature to do full justice to the varying needs of industries by making direct provision for all cases, or whether powers of dispensation or permit must not be vested in administrative authorities. Such powers should not go beyond the province of what constitutes, properly speaking, administration. ”

“ It is urged that if the status of an industry under state law is to be considered, the Administrator 'woudl have to face the question whether the particular business concerned was sufficiently 'affected with a public interest' constitutionally to justify the type of legal obligation which the state imposes.' The argument, in short, is that the Administrator would have to decide whether the state regulation is constitutional before he should recognize it. ”

“ Where duties are delegated, as here, to administrative officers, those administrative officers are authorized to act only in accordance with the statutory standards enacted for their guidance. Otherwise we should risk administrative action, beyond or contrary to the legislative will. ”

“ To the extent practicable and permitted by law, no agency shall promulgate any regulation that has federalism implications and that preempts State law, unless the agency, prior to the formal promulgation of the regulation. ”

“ The utilization of these administrative agencies is a legislative realization, judicially respected, that the regulatory needs of modern society demand law-enforcing tribunals other than the conventional courts. The doctrine of primary jurisdiction, based as it is on the discharge of functions for which courts normally have neither training and experience nor procedural freedoms, is an essential aspect of this modern administrative law. ”

“ This construction of the department has been followed for many years, without any attempt of congress to change it, and without any attempt, as far as we are advised, of any other department of the government to question its correctness, except in the present instance. The regulation of a department of the government is not of course to control the construction of an act of congress when its meaning is plain. ”

“ Section 6 shall be rescinded in its entirety and replaced with the following:
“The Federal Government alone has the authority to carry out the functions
and responsibilities set forth in this Regulation.” ”

“ Administration has to do with the carrying of those laws into effect,-their practical application to current affairs by way of management and oversight, including investigation, regulation, and control, in accordance with, and in execution of, the principles prescribed by the lawmaker. ”

“ Any regulatory preemption of State law shall be restricted to the minimum level necessary to achieve the objectives of the statute pursuant to which the regulations are promulgated.
(d) As soon as an Executive department or agency foresees the possibility of a conflict between State law and Federally protected interests within its area of regulatory responsibility, the department or agency shall consult, to the extent practicable, with appropriate officials and organizations representing the States in an effort to avoid such a conflict. ”

“ They are not organized under the Constitution, nor subject to its complex distribution of the powers of government, as the organic law; but are the creations, exclusively, of the legislative department, and subject to its supervision and control. Whether, or not, there are provisions in that instrument which extend to and act upon these Territorial governments, it is not now material to examine. We are speaking here of those provisions that refer particularly to the distinction between Federal and State jurisdiction. ”

“ When an administrative agency engages in a legislative function, as, for example, when, in pursuance of statutory authorization, it drafts regulations of general application affecting an unknown number of people, it need not, any more than does a legislative assembly, afford a hearing prior to promulgation. ”

“ Where Congress has delegated the authority to an independent agency or to the Executive Branch to implement the general provisions of a regulatory statute and to issue regulations to that end, there is no doubt that planning-level decisions establishing programs are protected by the discretionary function exception, as is the promulgation of regulations by which the agencies are to carry out the programs. ”

“ The Corporation shall report to the authorizing committees any failure to comply with such requirements.
``SEC. 189C. Restrictions on Federal Government and use of Federal funds. `` (a) General prohibition.—Nothing in the national service laws shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school's curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act. ”

“ Administrative courts exist for the application of administrative law, and administrative law may be defined in brief as that body of legal principles by which are determined the status and liabilities of public officials, the rights and liabilities of private individuals in their dealings with the official representatives of the state, and the procedure by which these rights and liabilities may be enforced. ”

“ The maintenance of proper standards on the part of administrative agencies in the performance of their quasijudicial functions is of the highest importance and in no way cripples or embarrasses the exercise of their appropriate authority. ”

“ When Congress enacts a statute that is complete in policy aspects and ready to be executed as law, Congress has recognized that enforcement is only an executive function and has yielded that duty to wholly executive agencies, even though determination of fact questions was necessary. ”

“ A work of such extent and complexity, the administrative machinery of which has to be built up for the occasion wholly from the ground, whose agents, or the greater part of them, can, from the nature of the case, have had no experience of such duties, should be carefully planned; every arrangement should be made considerately; every appointment should be thoroughly canvassed; every spot where exceptional liability to failure or error exists should be known and covered by special provisions ”

“ Not all agencies issue comprehensive regulations, however. Some establish policy on a case-by-case basis, whether through adjudicatory proceedings or through administration of agency programs. Others promulgate regulations on some topics, but not on others. In addition, an agency may rely on internal guidelines rather than on published regulations. In any event, it will most often be true that the general aims and policies of the controlling statute will be evident from its text. ”

“ The law places under the supervision of the interior department and its subordinate officers, acting under its direction, the control of all mattes affecting the disposition of public lands of the United States, and the adjustment of private claims to them under the legislation of congress. ”

“ The administrative organs shall cooperate with other administrative organs and with working and other organizations in matters of common concern, inform each other about their work, and by their work enable the citizens and organizations to realize their rights and interests efficaciously. Within the framework of their legal powers, the administrative organs shall be autonomous, and they shall be accountable for their work to the assembly and to its political-executive organs. ”

“ In the light thus supplied by the practice of the Bureau and the analogy of pleadings, the way is cleared for a conclusion. The line of division must be kept a sharp one between the function of a statute requiring the presentation of a claim within a given period of time, and the function of a regulation making provision as to form. The function of the statute, like that of limitations generally, is to give protection against stale demands. The function of the regulation is to facilitate research. ”

“ Executive departments and agencies shall carry out the provisions of this order to the extent permitted by law and consistent with their statutory and regulatory authorities, and their enforcement mechanisms. ”

“ In order to reduce the regulatory burden on the American people, their families, their communities, their State, local, and tribal governments, and their industries; to determine whether regulations promulgated by the executive branch of the Federal Government have become unjustified or unnecessary as a result of changed circumstances; to confirm that regulations are both compatible with each other and not duplicative or inappropriately burdensome in the aggregate ”

“ Regulations prescribed by the president and by the heads of departments, under authority granted by congress, may be regulations prescribed by law, so as lawfully to support acts done under them and in accordance with them, and may thus have, in a proper sense, the force of law ”