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Legislative Delegation Issue
Is Congress' Delegation of Power to Agency OK?
Legislative Delegation Rule
- 1. Delegation was w/o Limitations
- 2. OR w/o Standards (Mistretta & Whitman)
- Agency Guided by "intelligible Principle"
- Based upon "Determinate Critereon"
Requisite to protect Health and Welfare (Not too broad an intelligible Principle)
When can Prez fire?
When he has good cause, b/c there is no violation of separation of powers.
Can an agency adjudicate a matter or must the matter go directly before a court of law?
- "Public Right" = Agency can adjudicate
- Striclty Private Right = Agency CANNOT adjudicate
- Private Right = Integral part of Regulatory Scheme = Can Adjudicate
- NY v Berger Generally not ok unless:
- a. Substantial Gov Interest
- b. WI essential to furthering the interest
- c. Industry lowered expectation of privacy
- d. Authorized by Statute
- Agency Subpoenas are not self executing
- Individual can never challenge Agency Jurisdiction
- Subpoena can't be fishing expedition
Freedom of Information Act (FOIA)
- Gov must give info pursuant to FOIA request unless:
- a. Trade Secrets
- b. Unwarranted Invasion of Personal Privacy (always met if about you)
- c. Law Enforcement Exception
What if the government violates a non-prisoner's personal privacy?
- Gov can't give personal info out w/out permission
- Zone of Privacy is constitutionally protected
- Privacy not violated if: Law already adequately protects Privacy.
What if the government violates prisoner privacy?
- Decreased expectation of privacy.
- Subject to legitimate penalogical interests.
What is a Rule or an Order?
- Rule = agency statement having:
- General or particular Applicability
- AND Future Effect
A duly promulgated rule has the same force and effect as a congressional statute.
An interpretation does not.
Order = Agency's final disposition in a matter other than rulemaking and includes licensing.
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