Administrative agencies are not mentioned anywhere in the Constitution, but the Constitution did provide the basic legislative rights for federal and state governments to create specific administrative agencies as a means of administering a range of broad policy initiatives that Congress does not have the means to regulate on a day-to-day basis. The idea is that Congress will set the policy, such as clean air and water or no discrimination in employment, and then turn to the experts, in this case the EPA and EEOC, and mandate that the Congressional intent be implemented through rule-making powers granted to agencies by Congress. Other well-known agencies include the EPA, SEC, FAA, FCC, and many more.

So, what is the process used to create such administrative agencies, and which rules and procedures must such governmental agencies follow in order to implement new regulations or revise existing ones? What options are available to businesses within various industries to challenge new or revised administrative regulations?

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The process used to create administrative agencies and the rules and procedures they must follow to implement new regulations or revise existing ones ... View the full answer