Administrative LAW

2. Theme

Nikolajs Ozoli

Administrative Law Normative acts

VPIeL - institutional regulation (State government organization law) APK administrative punishment code( kss) APL administrative procedure

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Principles
Proporcionality Legality Respect of the human rights

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Normative & individual acts

Administrative act ( orders) Administrative decision

Instructions Rules Recommendations

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Source of the law

FIRST Traditions Normative acts Principles

Parliament decision

Case law Judicature Judgments

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Doctrine Legal theory, Scientific Law books

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Separation & Separation

Separation of the State powers Courts, Legislative, Executive power Administrative power Delegation of power to the government institution

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An institution
An institution is a legal entity (an authority, a unit or an official) on which specific public authority powers in the field of State administration have been conferred by a regulatory enactment or public law contract. (2) A higher institution is a legal entity (an authority, a unit or an official) which may, in accordance with hierarchical procedures, issue orders to an institution or set aside a decision thereof.
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An administrative act
is a legal instrument directed externally, which is issued by an institution in an area of public law with regard to an individually indicated person or individually indicated persons establishing, altering, determining or terminating specific legal relations or determining an actual situation. Administrative acts are also decisions regarding the establishing, alteration or termination of the legal status of, or the disciplinary punishment of employees of or persons specially subordinate to the institution, as well as other decisions if they significantly limit the human rights of the employees of or persons specially subordinate to the institution. Decisions or other types of actions of an institution in the sphere of private law, and internal decisions which affect only the institution itself, bodies subordinate to it or persons specially subordinate to it, are not administrative acts. Political decisions (political announcements, declarations, invitations, election of officials, and similar) by the Saeima, the President, the Cabinet or local government city councils (district and parish councils), as well as decisions regarding criminal proceedings and court adjudications are also not administrative acts.
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Norms of law
Norms of law are comprised of regulatory enactments (parts thereof) and general principles of law. (5) External regulatory enactments are comprised by the Constitution (Satversme), laws, Cabinet regulations and binding regulations of local governments, as well as international agreements. (6) An internal regulatory enactment is a legal instrument which has been issued by a public legal entity with the aim of determining its own internal working procedures or those of its subordinate authority or to clarify the procedures regarding application of an external regulatory enactment in the area of its activity (an instruction, recommendation, by-law. etc).
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International norms / persons

The legal norms of international law are comprised by international agreements binding on Latvia, international customary law and general principles of international law. (8) A private person is a natural person, a public law legal person or an association of such persons. (9) A public legal entity is a public law legal person, the institutions thereof or other similarly institutionally formed person, who has an administrative procedural capacity to act.
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Section 4. Principles of Administrative Procedure

(1) The following general principles of law shall be applied in administrative proceedings: 1) the principle of observance of the rights of private persons (Section 5); 2) the principle of equality (Section 6); 3) the principle of the rule of law (Section 7); 4) the principle of reasonable application of the norms of law (Section 8); 5) the principle of not allowing arbitrariness (Section 9); 6) the principle of confidence in legality of actions (Section 10); 7) the principle of lawful basis (Section 11); 8) the principle of democratic structure (Section 12); 9) the principle of proportionality (Section 13); 10) the principle of priority of laws (Section 14); and 11) the principle of procedural equity (Section 14.1).
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Introduction
Administrative Law is the rules, orders, and decisions of federal, state, and local government agencies established to perform a specific function.

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USA / LV
1: Agency Creation and Powers
The study of Administrative Law requires an understanding of:
Enabling Legislation. The Types of Agencies. (institution) Agency Powers and the Constitution.*

* WEST legal studies in Bussiness

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USA Enabling Legislation

Enabling legislation is a law passed by Congress to specify the name, purposes, functions, and powers of administrative agency. Federal administrative agencies may exercise only those powers that Congress has delegated to them in enabling legislation. Through similar enabling acts, state legislatures create state administrative agencies.

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USA Types of Agencies

There are two basic types of administrative agencies:
Executive Agencies.
Cabinet-level departments of the Executive Branch and their sub-departments.

Independent Regulatory Agencies.

Agencies outside the major executive departments such as the Federal Aviation Administration or the Federal Communications Commission.
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US Agency Powers and the Constitution

Administrative agencies make legislative rules, or substantive rules, that are as legally binding as laws that Congress passed. Administrative agencies are sometimes referred to as the fourth branch of the U.S. government. Article I of the U.S. Constitution authorizes delegating such powers to 11/26/2013 Nikolajs Ozoli administrative agencies.

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USA 2: Administrative Process

Administrative process includes three functions:
Rulemaking. Investigation. Adjudication. LV control individual adm. acts

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LV
Latvian Administrative Violations Code Tasks of the Administrative Violations Legislation The task of administrative violations legislation is to protect public order, property, socio-economic, political and personal rights and freedoms of citizens, as well as the rights and legal interests of merchants, institutions and organisations, the specified management procedures, State and public order, to strengthen legality, to prevent right violations, to educate citizens in a spirit of precise and strict observance of laws, to inculcate a full of respect attitude in them towards the rights of other citizens, honour and selfesteem towards the provisions of social life, upright attitude towards the duties thereof and liability to the public.

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LV 14 years of age
Section 12. Age at Which Administrative Liability Applies Persons, who have attained 14 years of age on the day of the committing an administrative violation, shall be subject to administrative liability. [23 March 2000] Section 12.1 Application of Compulsory Measures of a Correctional Nature to Minors Compulsory measures of a correctional nature may be applied to minors at the age from 14 up to 18 years regarding commitment of an administrative violation. Compulsory measures of a correctional nature may be applied also to minors at the age from 11 up to 14 years, if they have committed a violation regarding which administrative liability has been provided for in the law. [13 March 2003]

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Section 14.1 Corporate Liability

In special cases provided for in this Code and binding regulations issued by local government councils (parish councils) legal persons shall be subject to liability for administrative violations. Persons performing commercial activity, but which are not legal persons, shall be subject to liability for administrative violations as legal persons. [22 June 2006]
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LV Section 23. Types of Administrative Sanction

The following administrative sanctions may be applied for the commitment of an administrative violation: 1) a warning; 2) a fine; 3) [28 May 1997]; 4) the confiscation of the administrative violation object or the instrument of commitment; 5) a forfeiture of special rights assigned to a person; 51) a prohibition to obtain the right to drive a means of transport for a certain period of time; 52) a prohibition for a specified period to obtain a licence to drive a recreational craft; 6) a forfeiture of rights to hold particular offices, or the forfeiture of rights to specified or all forms of commercial activities; 7) [28 May 1997]; and 8) administrative arrest. The administrative sanctions referred to in Paragraph one, Clauses 4-6 and 8 of this Section may be specified only by the law. [21 December 1990; 12 March 1991; 28 May 1997; 12 June 2003; 16 October 2003; 17 March 2005; 3 July 2008]
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Rulemaking
Rulemaking is the formulation of new regulation. Notice and Comment Rulemaking involves three steps:
Notice of the proposed rulemaking (NPRM). Comment Period. The Final Rule.

Case 43.1: AT&T Corp. v. Iowa Utilities Board (1999).

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Investigation
The purpose of investigations is to ensure that the rule issued is based on a consideration of relevant factors rather than being arbitrary and capricious, which include the powers to: Conduct Inspection. Issue Subpoenas.
Subpoenas duces tecum requires production of documents. Subpoenas ad testificandum requires testimony.

Case 43.2: FTC v. Ken Roberts Co. (2001).

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Adjudication
The law provides a mechanism for administrative adjudication of suspected rule violations:
Negotiate settlements. Formal Complaints. Hearing before Administrative Law Judge. Agency Orders.

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 3: Limitations on Agency
Powers
All three constitutionally created branches of government have some measure of control over administrative agencies.

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Judicial Controls
The Administrative Procedures Act provides for judicial review of most agency actions. A party seeking review must demonstrate standing to sue, there must be actual controversy at issue, and have exhausted all possible administrative remedies. Judicial review of agency action will frequently address whether the agency has acted beyond its authority or failed to discharge its responsibility. 11/26/2013 Nikolajs Ozoli

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Executive Controls
Executive branch of government exercises control over agencies through:
President power to appoint federal officers, and Presidents veto power.

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Legislative Controls
The Congress exercises controls over agencies powers by:
Enacting and changing enabling legislation. Determining funding for the agency. Investigating agency actions. Freezing agency enforcement efforts before they take effect. Amending the Administrative Procedures Act.
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 4: Public Accountability
A number of pieces of legislation make agencies more accountable through public scrutiny.
Freedom of Information Act. Government in the Sunshine Act. Regulatory Flexibility Act. Small Business Regulatory Enforcement Fairness Act.
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Ombudsman
Ombudsman (1) The Ombudsman shall be an official approved in accordance with the procedures specified by this Law, who performs the functions and tasks specified by the law. (2) The Ombudsman shall have his or her own seal with the supplemented lesser State coat of arms. (3) The Ombudsman shall have a State budget account in the State Treasury. Section 4. Independence and Immunity of the Ombudsman (1) The Ombudsman shall be independent in his or her activities and shall be governed exclusively by the law. No one has the right to influence the Ombudsman in the performance of his or her functions and tasks.

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Homework
What kinds of human rights can be restrictet by The state Administartive LAW? Mention 4-5 rights.

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