LAW155N: Administrative Law

What is function? Function is that which one is bound or which it is ones business to do. What is power? Power differs from this meaning; it would appear to refer to the means by which a function is fulfilled.

Source of powers:
The powers of an administrative agency do not always come from single source. Aside from the instances in which an administrative agency is created and empowered by a provision of the Constitution, the source of the powers of administrative agencies lies in statues under which they claim to act. Failure to exercise powers granted to administrative agencies does not forfeit or extinguish them.

Scope of powers:
1. Express and implied powers - the jurisdiction and powers of administrative agencies are measured and limited by the constitution or law creating them or granting their powers, to those conferred expressly or by necessary or fair implication. 2. Inherent powers - an administrative agency has no inherent powers, although implied powers may sometimes be spoken of as inherent. Thus, in the absence of any provision of law, administrative agencies do not possess the inherent power to punish for contempt which has always been regarded as a necessary incident and attribute of the courts.

3. Quasi - judicial powers - official powers cannot be merely assumed by administrative officers, nor can they be created by the courts in the proper exercise of their judicial functions.

Nature of powers:
1. Jurisdiction limited - in general, the jurisdiction of administrative officers and agencies is special and limited. They possess a limited jurisdiction, or purely constitutional or statutory powers, and they possess only such powers and authority as have been specifically conferred upon them by the Constitution or vested in them by congress and those as may be necessarily implied in the exercise thereof or incidental to the attainment of their purpose or objectives.

2. Powers within their jurisdiction broad - however, the powers conferred on them must be commensurate with the duties to be performed and the purposes to be lawfully effected.
3. Powers subject to the constitution, applicable law, or administrative regulation - a government agency must respect the presumption of constitutionality and legality to which statutes and administrative regulations are entitled until such statute or regulation is repealed or amended, or until set aside in an appropriate case by a competent court, and ultimately by the supreme court.

What constitutes administrative power or administrative function? 1. Powers not explicitly, legislative, executive and judicial - an administrative power has been said to be any power not explicitly allocated in the Constitution, although in its nature, legislative, executive, or judicial. 2. Powers involve exercise of judgment and discretion - the power of an administrative agency to make rules for the future is administrative, although legislative in nature, and the application of the law or such rules in particular cases is executive or administrative in nature.

Powers of administrative agencies classified:

1. As to naturethe powers of administrative agencies may be classified into: Investigatory powers Quasi - legislative or rule making powers; and Quasi - judicial or adjudicatory powers 2. As to degree of subjective choiceAccording to the degree of subjective choice involved in their exercise, the powers of administrative agencies are, in general, classified either as discretionary or ministerial.

Discretionary and Ministerial powers: Discretionary - as the power or right conferred upon them by law of acting officially under certain circumstances, according to the dictates of their own judgment and conscience, and not controlled by the judgment or conscience of others. Ministerial duty - is one in respect to which nothing is left to discretion.

Investigatory Powers:
The power of administrative agencies to inspect the records and premises, and investigate the activities of persons or entities coming under its jurisdiction, or to secure, or require the disclosure of information.

As sole powers granted act merely as investigatory or advisory bodies. As aid to other powers useful aid in an administrative agencys performance of its rule-making or quasi-judicial functions. As distinguished from judicial functions only purpose for investigation is to evaluate evidence submitted before it; agency is not authorized to make a final pronouncement.

Scope and Extent of Powers:

Initiation of investigation
Conduct of investigation Inspection and examination Requirements as to accounts, records, reports, or statements Requiring attendance of witness, giving of testimony, and production of evidence Hearing Contempt proceedings

Right to counsel in Administrative Investigations: 1. Hearing not part of criminal prosecution - a party in an administrative inquiry may or may not be assisted by counsel, irrespective of the nature of the charges and of the respondents capacity to represent himself, and no duty rests on such body to furnish the person being investigated with counsel. 2. Exclusionary rule in custodial investigation not applicable the right to counsel under Section 12(1) of the Bill of Rights of the Constitution is meant to protect a suspect in a criminal case under custodial investigation.

Importance of Administrative Investigations:

Investigations are useful for all administrative functions, not only for rule-making, adjudication, and licensing, but also for prosecuting, for supervising and directing, for determining general policy, for recommending legislation, and for purposes no more specific than illuminating obscure areas to find out what if anything should be done.

Nature - administrative agencies are endowed with quasi-legislative powers. Necessity - the power to make rules and regulations because of need. Conditions - it is the only exception to the rule on non-delegation of legislative powers. Binding force and effect - a rule is valid and it is applicable.

Legislation on the administrative level:

The rule making power of an administrative agency, that is the power to make implementing or interpretative rules, is legislative in character and results in delegated legislation.

Limitations on the rule-making power:

It should not be inconsistent with the constitution. It should not later the terms in the statute. It should be uniform in operation, and not discriminatory.

Kinds of rule-making powers:

1. Rule-making powers: Supplementary - particular delegation of authority. Interpretative - interpretation of statute being administered. Contingent - whether the statute will go into effect.
2. Administrative Rules

Legislative rules and regulations: A form of subordinate legislation Characteristics Interpretative rules and regulations: Resemble judicial adjudication Entitled to great weight and respect

Administrative Rule and Administrative Interpretation distinguished:

The power to create new law Need for express delegation Presence of statutory sanction Binding force and effect Consequence of wrong construction

Procedural rules:
An agency cannot function without rules of procedure.

Ordinance Power of the President: Executive Orders Administrative Orders Proclamations Memorandum Orders Memorandum Circulars Special Orders

Administrative issuances of the secretaries and heads of bureaus:

1. General classification of issuances: Circulars Orders 2. Numbering system of issuances 3. Official logbook 4. Government - wide application of the classification of issuances

Practical necessity of the rule-making powers: It is very important that agencies create rules not
only in time of emergency but also in normal operation.

Requisites for validity of administrative rules and regulations: Must have been issued on the authority of law.
Not contrary to law and the constitution.

Determination of validity of rules:

1. Legislative rules:
Whether the rules relates to the subject matter. Whether the rule conforms to the standards prescribed. Whether the rule is invalid on constitutional grounds.

2. Interpretative rule: Whether the rules correctly interprets the statute.

Tests applied in the determining validity of rules:

A rule is invalid if it exceeds the authority conferred to it. A rule is invalid if it conflicts with the governing statute. A rule is void if it extends or modifies the statute. A rule is void if it has no reasonable relationship to the statutory purpose. Courts will set aside rules deemed to be unconstitutional.

Requirement of reasonableness: Bear reasonable relation to the purpose sought to be accomplished. Supported by good reasons.

Free from constitutional infirmities or charge of arbitrariness.

Legal force and effect of Administrative rules and regulations:

Legislative rules and regulations of an administrative body have the force and effect of law.

Interpretative rules and regulations including administrative constructions do not have the force of law.
Rules prescribing the methods of procedure within an agency have the effect of law, and are binding on both the agency and respondent parties.

Effect of reliance on rules:

A person who relies in good faith on an agency rule should be harmless from loss if that rule is later held invalid or is amended.

Retroactive operation of rules, regulations, and rulings:

The power of an administrative agency to adopt rules and regulations ordinarily includes the power to give them a retroactive effect, provided doing so does not conflict with the restrictions on the legislative power to make retroactive laws.

Formal Requirements on the promulgation of rules and regulations: Administrative code of 1987: Sec.3. - Filing Sec.4. - Effectivity Sec.5. - Publication and Reading Sec.6. - Omission of some rules Sec.7. - Distribution of bulletin and codified rules Sec.8. - Judicial notice Sec.9. - Public Participation