Gale Encyclopedia Of American Law 3Rd Edition Volume 1 P12 potx

ADJUDICATIVE FACTS Factual matters concerning the parties to an administrative proceeding as contrasted with legislative facts, which are general and usually do not touch individual ques

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artificial structures or buildings on it A landowner can enforce the right to lateral support in court A lawsuit for the removal of lateral support accrues when the damage occurs, not when the excavation is done

An adjoining landowner who excavates close to his or her boundary line has a duty to prevent injury arising from the removal of the lateral support of a neighbor’s property Because the right to lateral support is considered an absolutePROPERTY RIGHT, an adjoining landowner will be liable for damages to the natural condition of the land regardless of whether or not he or she acted negligently

When, however, a landowner has erected buildings on the land, his or her right to recover for deprivation of the lateral support is differ-ent Because additional weight has been placed

on the land, thus increasing the burden on the lateral support, the landowner can be awarded damages for injuries to the building caused by excavation only if his or her neighbor has been negligent Sometimes local ordinances require that persons planning to excavate on their own property give notice to neighboring adjoining landowners so that neighbors may take preven-tive measures to protect their property The failure of landowners who receive notice to take precautions does not necessarily absolve the excavator ofLIABILITYfor NEGLIGENCE If,

howev-er, the excavator does not notify neighboring landowners, courts have treated this failure as negligence, and the excavator will be responsible for damages even though the excavating itself was not done negligently

When evidence establishes that an adjoining landowner has removed the lateral support of a neighbor’s land, the neighbor will recover damages in the amount of either the cost of restoring the property to its value before its support was removed or the cost of restoring the land to its former condition, whichever is less An injunction prohibiting further excava-tion may be granted if it poses a clear danger to contiguous lands and if it will cause irreparable damage

Subjacent Support A landowner is entitled to subjacent support, the absolute right to have one’s land supported from beneath its surface

If one person owns the surface of the land while another owns the subjacent surface, the owner

of the surface is entitled to have it remain in its natural condition without subsidence caused by

the subsurface owner’s withdrawal of subjacent materials An adjoining landowner who, during excavation, taps a subterranean stream, causing the soil of the neighbor’s land to subside, will be liable for any injuries that result The surface owner’s right to sue the subsurface owner for deprivation of subjacent support arises when the land actually subsides, not when the excavation is made

The construction of buildings on the surface

of the land does not lessen a person’s right to subjacent support It does, however, change the circumstances under which that person may recover for the removal of subsurface support

If such buildings are damaged, their owner must show that the removal of the support was done negligently

Light, Air, and View No landowner has an absolute right to light and air from or passing over adjoining property or to a view over adjoining lands Zoning laws imposed by localities may, however, require that any construction undertaken by an individual not deprive an adjoining landowner of adequate air, light, and view Similarly, many agreements such as restrictive covenants in deeds or easements affect a person’s duty toward his or her next-door neighbor’s right to air, light, and view In the absence of zoning laws or agreements, therefore, a person may build on his or her own property without regard to the fact that he or she is depriving the next-door neighbor of the light, air, and view that was enjoyed before the building was erected An exception is a structure that blocks air, light, and view for the sole purpose of injuring a neighbor—such as a “spite” fence—and which

is of noBENEFICIAL USEor pleasure to the owner Courts will generally not permit such structures Encroachments AnENCROACHMENTis an intru-sion upon the property of another without that person’s permission No person is legally entitled to construct buildings or other struc-tures so that any part, regardless of size, extends beyond that person’s property line and intrudes upon adjoining lands An encroaching owner can be required to remove the eaves of a building that overhang an adjoining lot If

he or she refuses to do so, the owner of the contiguous lot may personally remove as much of the encroachment that deprives him or her of the complete enjoyment of his or her land, but if negligent, he or she will be liable for

98 ADJOINING LANDOWNERS

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damages Should any expenses be incurred in

the removal of the encroachment from the

adjoining land, the person whose property was

encroached upon can sue the owner to recover

damages

The person whose property has been

encroached upon may sue the encroacher under

either the theory of nuisance or the theory of

TRESPASSto obtain monetary damages, or instead,

may seek an injunction against continuation of

the encroachment or to force its removal

Trees and Shrubs Landowners should not

permit trees or hedges on their property to

invade the rights of adjoining landowners If an

individual knows, for example, that a tree on his

or her property is decayed and may fall and

damage the property of another, that individual

has a duty to eliminate the danger A tree on the

boundary line of contiguous land belongs to both

adjoining landowners Each owner has an interest

identical with the portion standing on his or her

land Each can sever intruding tree branches or

roots at the boundary line of his or her property,

whether or not any injuries have been sustained

by the intrusion, but reasonable care must be

exercised so as not to kill the entire tree

FURTHER READINGS

Cardoza, Benjamin N 2009 The Nature of the Judicial

Process (1921) Whitefish, MT: Kessinger.

Lewis, William D., ed 2007 Commentaries on the Laws of

England Clark, NJ: Lawbook Exchange.

Lucy, William 1999 Understanding and Explaining

Adjudi-cation New York: Oxford Univ Press.

Roosevelt, Theodore 1908 Eighth Annual Message to

Congress In The American Presidency Project [online],

compiled by John T Woolley and Gerhard Peters.

Santa Barbara, CA: Univ of California Available online

at http://www.presidency.ucsb.edu (accessed July 3, 2009).

CROSS REFERENCES

Blackstone, Sir William; Cardozo, Benjamin Nathan;

Holmes, Oliver Wendell, Jr.; Judiciary.

ADJUDICATIVE FACTS

Factual matters concerning the parties to an

administrative proceeding as contrasted with

legislative facts, which are general and usually

do not touch individual questions of particular

parties to a proceeding Facts that concern a

person's motives and intent, as contrasted with

general policy issues Those facts that must be

found BEYOND A REASONABLE DOUBTby the trier of

fact before there can be a conviction

Adjudicative facts, of which a trial court may

take notice if a fact is not subject to reasonable

dispute, are those to which law is applied in the

process of adjudication; they are facts that, in a

jury case, normally go to the jury

The role of a U.S court is to resolve the

dispute that has brought the parties before it

Determining what happened to whom, when

and how it happened, and what the result is or

will be, is part of the adjudicative process by

which the court reaches thatRESOLUTION These

determinations establish the ADJUDICATIVE FACTS

of the dispute

Adjudicative facts differ from ordinary facts

in that they are considered facts only if the court

recognizes and accepts them For example, a

witness mayTESTIFYthat she saw the defendant’s

car parked at a specific place at a specific time

These are the facts as she recalls them However,

the court may reject her account and instead

accept another witness’sTESTIMONYthat the

DEFEN-DANTwas driving that same car in another part of

town at the same time The second witness’s account will therefore become part of the adjudicative facts of the case, and the first witness’s recollection will be consideredIMMATERIAL Adjudicative facts are specific and unique to

a particular controversy For this reason, the fact determination in one case is not controlling

in other similar cases, even if all the cases arose from the same incident Adjudicative facts differ from LEGISLATIVE FACTS, which are general and can be applied to any party in a similar situation For example, the facts used by a court to determine the legality of a tax increase levied against a single taxpayer would be adjudicative facts particular to that taxpayer’s case By contrast, the facts used to determine the legality of a general tax increase levied against all the residents of a city would be legislative in nature Because facts can be perceived and interpreted differently by different people, the skillful lawyer is careful about what facts to present and how to present them at trial

Adjudicative facts re-create the course of events that led to the dispute They may also predict what will happen as a result For example, where one party is suing another for

PERSONAL INJURY, adjudicative facts will determine what happened, who was at fault, and what redress is appropriate for pain and suffering

Adjudicative facts will further establish what lasting consequences, such as lost future wages, the PLAINTIFF is likely to suffer and what compensation is fitting

Adjudicative facts found by the court are final and will not be reviewed on appeal except

in cases where it can be shown that the findings were made on insubstantial evidence or were clearly erroneous

FURTHER READINGS Carp, Robert A., and Ronald Stidham 1993 The Judicial Process in America 2d ed Washington, D.C.: Congres-sional Quarterly.

Fraher, Richard M 1987 “Adjudicative Facts, Non-evidence Facts, and Permissible Jury Background Information ” Indiana Law Journal 62 (spring).

“Section 201 Judicial Notice of Adjudicative Facts.”

Available online at http://www.mass.gov/courts/sjc/

guide-to-evidence/201.htm; website home page: http://

www.mass.gov/ (accessed August 28, 2009).

ADJUNCTION Attachment or affixing to another Something attached as a dependent or auxiliary part

ADJUNCTION 101

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Under the CIVIL LAW system that prevails in much of Europe and Latin America, adjunction

is the permanent union of a thing belonging to one person to something that belongs to someone else

A branch agency, for example, is an adjunct

of the main department or administrative agency

ADJURATION

A swearing; taking an oath to be truthful

To adjure is to command solemnly, warning that penalties may be invoked

ADJUST

To settle or arrange; to free from differences or discrepancies To bring to a satisfactory state so that parties are agreed, as to adjust amount of loss by fire

or controversy regarding property or estate To bring

to proper relations To determine and apportion an amount due The term is sometimes used in the sense

of pay, when used in reference to a liquidated claim

Determination of an amount to be paid to insured

by insurer to cover loss or damage sustained

ADJUSTED GROSS INCOME The term used for income tax purposes to describe gross income less certain allowable deductions such

as trade and business deductions, moving expenses, alimony paid, and penalties for premature with-drawals from term savings accounts, in order to determine a person’s taxable income

The rules for computing ADJUSTED GROSS INCOME for federal INCOME TAX may differ from the rules in a state that imposes a state income tax

ADJUSTER

A person appointed or employed to settle or arrange matters that are in dispute; one who determines the amount to be paid on a claim

An insurance adjuster determines the extent

of the insurance company’s LIABILITY when a claim is submitted A public adjuster is a self-employed person who is hired by litigants to determine orSETTLEthe amount of a claim or debt

ADJUSTMENT SECURITIES Stocks and bonds of a new corporation that are issued to stockholders during a corporate reorga-nization in exchange for stock held in the original corporation before it was reorganized

ADMINISTER

To give an oath, as to administer the oath of office

to the president at the inauguration To direct the transactions of business or government Immigra-tion laws are administered largely by the Immigration and Naturalization Service To take care of affairs, as an executor administers the estate of a deceased person To directly cause the ingestion of medications or poisons To apply a court decree, enforce its provisions, or resolve disputes concerning its meaning

School teachers generally are not authorized

to administer medicines that pupils take to school, for example

When divorced parents cannot agree on how to administer a visitation provision in a judgment granting CHILD CUSTODY to one of them, they might have to return to court for clarification from the judge

ADMINISTRATION The performance of executive duties in an institution

or business The Small Business Administration is responsible for administration of some disaster-relief loans In government, the practical management and direction of some department or agency in the executive branch; in general, the entire class of public officials and employees managing the executive department The management and distribution of the estate of a decedent performed under the supervision of the surrogate’s or probate court by a person duly qualified and legally appointed If the decedent made a valid will designating someone called an executor to handle this function, the court will issue that person letters testamentary as authority to do so If a person dies intestate or did not name an executor in his or her will, the court will appoint an administrator and grant him or her letters of administration to perform the duties of administration

An executor or administrator must carry out the responsibilities of administration, in-cluding collection and preservation of the decedent’s assets; payment of debts and claims against the estate; payment of estate tax; and distribution of the balance of the estate to the decedent’s heirs

ADMINISTRATION, OFFICE OF The OFFICE OF ADMINISTRATION was established within the Executive Office of the President (EOP) by REORGANIZATION PLAN 1 of 1977

102 ADJURATION

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(implemented by EXECUTIVE ORDER 12,028, 42

Fed Reg 62, 895 [1977], issued on December

12, 1977, by PresidentJIMMY CARTER) The office

was created to help centralize the activities of all

EOP offices into a single agency The director of

the Office of Administration, who is appointed

by, and reports directly to, the president, is

responsible for, according to Executive Order

12,028, “ensuring that the Office of

Adminis-tration provides units within the Executive

Office of the President common administrative

support and services.”

The Office of Administration provides

ad-ministrative support services to all EOP offices in

the White House, including services that are in

direct support of the president The services

provided by the Office of Administration include

personnel management; financial management;

data processing; and office operations, including

the handling of mail (except for presidential

mail), messenger service, printing and

duplica-tion, graphics, word processing, procurement,

and supply The office also oversees three

libraries (not open to the general public): a

general reference library in the New Executive

Office Building, and a reference library and a law

library in the Old Executive Office Building

The Office of Administration consists of

nearly two hundred full- and part-time

employ-ees who maintain accounts for all EOP offices;

recruit employees (except for those who will

staff the Office of Policy Development and

the White House, all of whom are political

appointees); and maintain official records,

including those of the White House In addition

to the director and an assistant director, the office is managed by three deputy assistant directors, who provide supervision in the areas

of general services, information management, and resources management

The Office of Administration also manages the Preservation Office, which has initiated and overseen several restoration projects, such as the award-winning restoration of the slate and cast iron roof and the restoration of the three Department libraries originally occupying the Eisenhower Executive Office Building that cur-rently houses the Office of Administration In all the projects that are completed, the work is monitored to ensure consistency with preservation criteria In 1988 Congress enacted legislation to allow the Office of Administration to accept gifts and loans for preservation activities so as to shift the expense to public and private partnerships

FURTHER READING Administration Office Website Available online at www.

whitehouse.gov/oa (accessed September 22, 2009).

CROSS REFERENCE President of the United States.

ADMINISTRATIVE ACTS Whatever actions are necessary to carry out the intent of statutes; those acts required by legislative policy as it is expressed in laws enacted by the legislature

If a city commission votes to create the position of park superintendent, that is a legislative act that can take effect only if the

Office of Administration

General Counsel

Director's Office

Security

Customer Service Bureau

Equal

Employment

Opportunity

Financial Management

Human Resources Management

Facilities Management

General Services

Information Systems and Technology

Library and Research Services

Operations and Legislative Liaison

ILLUSTRATION BY GGS CREATIVE RESOURCES REPRODUCED BY PERMISSION OF GALE,

A PART OF CENGAGE LEARNING.

ADMINISTRATIVE ACTS 103

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commission follows all the steps required for formal legislation When the same commission votes to rezone a parcel of real property from single-family residential to business uses, how-ever, that is an administrative act that does not require the same formality as legislation It is administrative because it is carrying out the zoning laws already in effect

ADMINISTRATIVE ADJUDICATION The process by which an administrative agency issues an order, such order being affirmative, negative, injunctive, or declaratory in form

Most formal proceedings before an admin-istrative agency follow the process of either rule making or adjudication Rule making formu-lates policy by setting rules for the future conduct of persons governed by that agency

Adjudication applies the agency’s policy to the past actions of a particular party, and it results

in an order for or against that party Both methods are strictly regulated by the law of administrative procedure

CROSS REFERENCES Administrative Law and Procedure.

ADMINISTRATIVE AGENCY

An official governmental body empowered with the authority to direct and supervise the imple-mentation of particular legislative acts In addi-tion to agency, such governmental bodies may be called commissions, corporations (e.g., Federal Deposit Insurance Corporation), boards, depart-ments, or divisions

Administrative agencies are created by the federal Constitution, the U.S Congress, state legislatures, and local lawmaking bodies to manage crises, redress serious social problems,

or oversee complex matters of governmental concern beyond the expertise of legislators

Although Article I, Section 1, of the federal Constitution plainly states that “[a]ll legislative Powers herein granted shall be vested in a Congress of the United States,” the “necessary-and-proper” clause, in the eighth section of the same article, states that Congress shall have power “[t]o make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers in any Department or Officer thereof.” With this language, many have argued that the Framers of the Constitution expected,

indeed encouraged, the creation of powerful administrative agencies This argument pre-vailed, and courts therefore have allowed the U.S Congress—and other legislative bodies—to make laws that delegate limited lawmaking authority to administrative agencies The sub-stance of an administrative agency’s powers must be intelligible, and a system of controls must be in place to limit those powers, but courts almost always find that administrative agencies meet these requirements

Administrative agency rules and regulations often have the force of law against individuals This tendency has led many critics to charge that the creation of agencies circumvents the constitutional directive that laws are to be created by elected officials According to these critics, administrative agencies constitute an unconstitutional, bureaucratic fourth branch

of government with powers that exceed those

of the three recognized branches (the legislative, executive, and judiciary) In response, suppor-ters of administrative agencies note that agen-cies are created and overseen by elected officials

or the president Agencies are created by an

ENABLING STATUTE, which is a state or federal law that gives birth to the agency and outlines the procedures for the agency’s rule making Furthermore, agencies include the public in their rule-making processes Thus, by PROXY, agencies are the will of the electorate

Supporters of administrative agencies note also that agencies are able to adjudicate relatively minor or exceedingly complex dis-putes more quickly or more flexibly than can state and federal courts, which helps preserve judicial resources and promotes swift resolu-tions Opponents argue that swiftness and ease

at the expense of fairness are no virtues, but while the debate continues, administrative agencies thrive

Governmental representation in an admin-istrative capacity of any kind can be considered administrative agency The president is an administrative agent whose enabling statute

is the federal Constitution The 13 executive departments reporting to the president are administrative agencies For example, the DE-PARTMENT OF JUSTICE is a cabinet-level executive department, but it functions as the administra-tive agency that addresses the legal concerns of the U.S government and its people The departments housed within the Department of

104 ADMINISTRATIVE ADJUDICATION

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Justice, such as the DRUG ENFORCEMENT

ADMINIS-TRATIONand theFEDERAL BUREAU OF INVESTIGATION,

are also administrative agencies, and they have

procedures and rules of their own

An administrative agency that falls under

the direction of theEXECUTIVE BRANCHis referred

to as an executive agency However, an enabling

statute may establish an independent agency,

commission, or board, which does not fall

under the direction of the president The

primary distinction between an executive agency

and an independent agency is that the statute

creating an independent agency typically

pre-cludes the president from removing the head of

the agency without cause By contrast, a head of

an executive agency generally serves at the

pleasure of the president The U.S Supreme

Court on several occasions has considered

whether independent agencies are constitutional

In Humphrey’s Executor v United States, 295

U.S 602, 55 S Ct 869, 79 L Ed 1611 (1935),

the Court held the President FRANKLIN D

ROOSEVELTcould not remove the commissioner

of theFEDERAL TRADE COMMISSION(FTC) without

cause The statute that created the commission

permitted removal of the commissioner only

for inefficiency, neglect of duty, orMALFEASANCE

of office Roosevelt purported to remove FTC

Commissioner William E Humphrey, who had

been nominated by PresidentHERBERT C.HOOVER

to a seven-year term in 1931, in order to replace

Humphrey with an individual of Roosevelt’s

own selection The Court held that because

Humphrey was not an executive officer, the

president could not remove him from office

except for the causes set forth in the statute

Many of the administrative agencies that

affect everyday activities are independent

agen-cies Among the numerous examples of

inde-pendent agencies are the CENTRAL INTELLIGENCE

AGENCY, ENVIRONMENTAL PROTECTION AGENCY, the

NATIONAL LABOR RELATIONS BOARD, and the

SECURI-TIES AND EXCHANGE COMMISSION Because the

president is generally able to appoint the chairs

or fill vacancies within these agencies, the

president is often able to influence their

acti-vities, notwithstanding the limitation on the

removal of the heads of the agencies

Administrative agencies are made up of

experts in the field in which the agency

operates For example, the Maritime

Adminis-tration employs experts in the areas of sea

commerce and navigation to set its rules on

merchant marine activities Many agencies have the power to assess fines or otherwise deprive persons of liberty in hearings conducted by their own judicial bodies, or administrative boards

Given the specialized knowledge within admin-istrative agencies, adminadmin-istrative law judges (ALJs), who hear agency claims and disputes, are loath to overturn the legal conclusions reached by administrative boards Determina-tions and sancDetermina-tions made by ALJs are subject to review by state or federal courts, but a party must exhaust all appeals within the agency before suing in civil court

An agency’s actions must be in accordance with its enabling statute, and courts will examine the agency records to determine whether the agency exceeded its lawmaking or judicial powers Rigorous judicial oversight of agencies would defeat a cherished feature of administrative agency by eliminating agency flexibility in resolving conflicts To avoid this outcome, most enabling statutes are worded vaguely, in such a way as to allow the agencies

The National Recovery Administration was created in the 1930s

to ensure fair market competition It was one of numerous agencies created by Congress during the Great Depression in

an effort to regulate the production and marketing of goods.

AP IMAGES ADMINISTRATIVE AGENCY 105

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broad discretion in determining their rules and procedures To keep agencies from wielding unbridled power, the Administrative Procedure Act of 1946 (APA) (5 U.S.C.A § 551 [1982]) sets standards for the activities and rule making

of all federal regulatory agencies The APA provides federal courts with a framework for reviewing the rules made and procedures used by administrative agencies Individual states have similar statutes to guide their own courts

History of Administrative Agency

The first administrative agency was created by Congress in 1789 to provide pensions for wounded Revolutionary War soldiers Also in the late 1700s, agencies were created to deter-mine the amount of duties charged on imported goods, but it was not until 1887 that the first permanent administrative agency was created

The INTERSTATE COMMERCE COMMISSION (ICC), created by the INTERSTATE COMMERCE ACT (49 U.S.C.A § 10101 et seq.[1995]), was enacted by Congress to regulate commerce among the states, especially the interstate transportation

of persons or property by carriers The ICC was designed to ensure that carriers involved in interstate commerce provided the public with fair and reasonable rates and services To buttress the Interstate Commerce Act, the Federal Reserve System was established by the Federal Reserve Act of 1913 (12 U.S.C.A § 221)

to serve as the United States’ central bank and execute U.S monetary policy One year later, the Federal Trade Commission was established

by Congress to promote free and fair competi-tion in interstate commerce by preventing unfair methods of competition

In 1908 the Federal Bureau of Investigation (FBI) was established to investigate violations of federal laws not assigned to other federal agencies The FBI is charged with solving crimes such as KIDNAPPING, ESPIONAGE, SABOTAGE, bank

ROBBERY, extortion, interstate transportation of stolen property, CIVIL RIGHTS violations, inter-state gambling violations, FRAUD against the government, and the ASSAULT or killing of a federal officer or the president As an agency concerned with criminal apprehension, the FBI

is considered an arm of the government, and its directorship is subject to presidential approval

However, the FBI carries out its investigations independent of political influence It can, for

example, probe the actions of presidents and legislators, the very persons responsible for its existence

Administrative agencies are usually created

in response to a felt public need Some older agencies, for example, were created after the Civil War to address economic matters critical

to the United States’ expanding government After the STOCK MARKETcrash of October 1929, and during the Great Depression of the 1930s, Congress created numerous agencies in an effort to regulate the production and marketing

of goods Agencies such as the SOCIAL SECURITY

Administration (created by the SOCIAL SECURITY ACT OF 1935 [42 U.S.C.A § 301 et seq.]), the Federal Savings and Loan Insurance Corpora-tion (established by a 1933 amendment to the Federal Reserve Act, 12 U.S.C.A § 264, and now codified at 12 U.S.C.A §§ 1811–1831) helped provide financial security for many Americans The National Industrial Recovery Act (NIRA) (15 15 U.S.C.A §§ 701 et seq., 40 U.S.C.A §

401 et seq.) created the NATIONAL RECOVERY ADMINISTRATION to ensure fair market competi-tion However, the NIRA gave the president limitless authority to impose sanctions, and it was declared invalid by the Supreme Court in the “Sick Chicken” case, SCHECHTER POULTRY CORP.V UNITED STATES, 295 U.S 495, 55 S Ct

837, 79 L Ed 1570 (1935) The National Labor Relations Board (created by the National Labor Relations Act of 1935[29 U.S.C.A § 151 et seq.], later amended by acts of 1947 and 1959) also helped to ease the devastating effects of the depression, by protecting employees’ rights to organize, preventing unfair labor practices, and promoting COLLECTIVE BARGAINING between employers and labor unions

Congress installed the Federal Radio Com-mission (FRC) in 1927 after entrepreneurs discovered the commercial potential of radio airwaves In 1934 the FRC was merged into theFEDERAL COMMUNICATIONS COMMISSION (FCC), which was created by the Communications Act of 1934 (47 U.S.C.A § 151 et seq.) to tackle the myriad issues presented by the sudden widespread use of radio waves In the wake of television’s popularity, the Com-munications Satellite Act of 1962 (47 U.S.C.A

§§ 701–744) was enacted by Congress to broaden the FCC’s powers to include re-gulation of television broadcasting; telephone, telegraph, and cable television operation;

106 ADMINISTRATIVE AGENCY

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two-way radio and radio operation; and satellite

communication

When the United States enteredWORLD WAR II,

more agencies were created or enlarged to

mobilize human resources and production and

to administer price controls and rationing The

social upheaval of the 1960s spawned agencies

designed to improve urban areas, provide

opportunities for people who were historically

disadvantaged and marginalized, and promote

artistic endeavors In the 1970s, 1980s, and

1990s, pressing issues such as human and

environmental health were addressed through

the creation of agencies such as the

ENVIRON-MENTAL PROTECTION AGENCYand a new, enlarged

DEPARTMENT OF ENERGY

Federal Administrative Agencies

On the federal level, business and individual

matters are addressed by such agencies as the

FARM CREDIT ADMINISTRATION,SMALL BUSINESS

ADMIN-ISTRATION,COMMODITY FUTURES TRADING COMMISSION,

FEDERAL TRADE COMMISSION,FEDERAL DEPOSIT

INSUR-ANCE CORPORATION, OFFICE OF THRIFT SUPERVISION,

INTERNAL REVENUE SERVICE, DEPARTMENT OF

COM-MERCE, INTERSTATE COMMERCE COMMISSION, and

SECURITIES AND EXCHANGE COMMISSION

Governmental money matters are overseen

and assisted by the GENERAL ACCOUNTING OFFICE,

OFFICE OF MANAGEMENT AND BUDGET, Office of the

Comptroller of the Currency,TREASURY DEPARTMENT,

GENERAL SERVICES ADMINISTRATION, CONGRESSIONAL

BUDGET OFFICE, andFEDERAL RESERVE BOARD

Public services are handled by

administra-tive agencies that include the DEPARTMENT OF

EDUCATION, DEPARTMENT OF TRANSPORTATION,

En-vironmental Protection Agency,FOOD AND DRUG

ADMINISTRATION, DEPARTMENT OF HEALTH AND

HU-MAN SERVICES,DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT, DEPARTMENT OF INTERIOR,

IMMIGRA-TION and NATURALIZATION service, and National

Highway Traffic Safety Administration

Work-related administrative agencies

in-clude the TENNESSEE VALLEY AUTHORITY, Office of

Technology Assessment, Occupational Safety

and Health Administration, Occupational Safety

and Health Review Commission, National

Labor Relations Board, Mine Safety and Health

Administration, Mine Safety and Health Review

Commission, MERIT SYSTEMS PROTECTION BOARD,

DEPARTMENT OF LABOR, EQUAL EMPLOYMENT

OPPOR-TUNITY COMMISSION, and Office of Personnel

Management

Police and military functions are served by the Central Intelligence Agency, DEPARTMENT OF DEFENSE, Department of Justice, Department of Veterans Affairs, Federal Bureau of Investiga-tion, andNATIONAL SECURITY COUNCIL

The administrative agency that directly affects the most U.S citizens is the Social Security Administration (SSA) The SSA collects contributions from workers and pays out cash benefits when a worker retires, dies, or becomes disabled

As the needs of the nation change, Congress continues to establish new agencies and abolish existing agencies The Interstate Commerce Commission, for instance, was established in

1887 to regulate carriers engaged in the transportation of interstate and foreign com-merce in the United States Over time, many of the commission’s functions were transferred to other agencies or otherwise abandoned, and Congress abolished the commission in 1995 A more recent example of the development of an administrative agency is the creation of HOME-LAND SECURITY DEPARTMENT in 2002 to prevent terrorist attacks in the United States and to reduce the country’s vulnerability to TERRORISM

in the aftermath of the SEPTEMBER11TH ATTACKS

State and Local Administrative Agencies

State and local administrative agencies often mirror federal agencies Thus, the individual states have agencies that control transportation, public health, public assistance, education, natu-ral resources, labor, law enforcement, agricul-ture, commerce, and revenue Any regulation established by such an agency that conflicts with

a federal regulation will not be legally valid, but this fact does not keep state agencies from developing regulations that differ from those promulgated by their federal counterparts In the spirit of administrative agency, state and local governments also create agencies that help address compelling, peculiarly local concerns

Just like federal agencies, state and local administrative agencies are often empowered to hold hearings These hearings are conducted by their administrative boards, which are obligated

to represent the PUBLIC INTEREST By contrast, courts must remain impartial to the two parties before them APAROLEboard, for example, holds informal hearings during which prisoners are

ADMINISTRATIVE AGENCY 107

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