Also known as: administrative agencies · agency · administrative body
Written by attorneys · grounded in primary & secondary sources — see below
An entity established by statute or executive action to implement and enforce regulatory laws. The entity exercises delegated governmental authority in specific subject areas and may promulgate rules, conduct investigations, and impose sanctions.
A plaintiff suing over workplace safety served a deposition notice on the state occupational safety agency. The notice listed topics about enforcement history with reasonable particularity. The agency designated its enforcement director to testify about information known or reasonably available to the agency.
A lawyer who previously worked at the securities regulator wanted to represent a client in an investigation the lawyer had handled. The lawyer obtained the agency's written informed consent before accepting the new representation.
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An inspector employed by the environmental agency investigated a permit application. The inspector owed fiduciary duties to the agency regarding information learned within the scope of the inspection assignment.
Congress passed a statute directing the Federal Trade Commission to issue rules defining unfair trade practices. The statute supplied an intelligible principle guiding the agency's discretion in promulgating those rules.
A supply contract left the price to be fixed by a published index maintained by a government statistical agency. When the agency failed to publish the index for the relevant period, the buyer could treat the contract as cancelled.
A spouse petitioned the family court for support after the other spouse stopped providing funds. The court considered the petitioning spouse's need and the paying spouse's ability without requiring any separate agency determination.
An administrative agency is created by statute or executive order and exercises governmental power delegated by the legislature or executive. A private corporation lacks that delegated public authority and operates under general corporate law.
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The lawyer may not represent a client in a matter in which the lawyer participated personally and substantially as a public employee unless the agency gives informed written consent.
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A party may name the agency as a deponent under Rule 30(b)(6) by describing the matters for examination with reasonable particularity. The agency must then designate persons to testify about information known or reasonably available to it.
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Yes. An agent is a fiduciary with respect to matters within the scope of the agency, so agency employees owe fiduciary duties to the agency regarding official duties.
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…or] in a hospital approved by the [Department of Health] or operated by the United States, this state, or any department, agency, or political subdivision of either;] or by a female upon herself upon the advice of the physician; and "(2) within [20] weeks after the commencement of the pregnancy [or after [20] weeks…