The Administrative Process: An Overview

This article appeared in the OGC Adviser, Vol. 4, Issue 2, Spring/Summer 1980. Administrative process refers to all formal and informal rulemaking and adjudication of conflicting claims not done by the legislatures or the courts. The principal statute governing the administrative processes within federal agencies is the Administrative Procedure Act. The act prescribes the minimum procedural steps an agency must follow in its administrative proceedings, and establishes general standards under which a court may review the final administrative actions of an agency. Administrative agencies carry out their statutory responsibilities through rulemaking and adjudicative proceedings. Rulemaking refers to an agency's process for formulating, amending, or repealing a rule in the future. Adjudication refers to an agency's application of an established rule, law, or procedure to a set of particular facts and results in the issuance of an order affecting a particular party. Administrative adjudication is the process of resolving disputes or other specific matters, usually between an administrative agency and a private party. Most disputes of a substantive nature are resolved through formal proceedings which are normally heard by an Administrative Law Judge (ALJ), an employee of the agency concerned, who is required to conduct the administrative proceedings in an independent and objective manner. The final action of administrative agencies is subject to review by the courts. Judicial review examines whether the agency has exceeded its constitutional or statutory authority, has properly interpreted the applicable law, has conducted a fair proceeding, or has otherwise acted in a fair and reasonable manner. Congress may participate in administering the law by amendment or repeal of the statute, through appropriation, congressional investigations, or by legislative veto. Under his general powers, the President can exert considerable control over and intervene in the administrative actions of most agencies. Critics are concerned with the tremendous length of time it now takes for an administrative proceeding to run its course. Current bills before Congress to cut down excessive delay suggest that agencies should make greater use of informal rulemaking procedures, have more flexible adjudicatory procedures, eliminate unnecessary stages of internal review, and establish deadlines for various stages of proceedings.