Sentences with phrase «power of the administrative agency»

A court limits it review of determinations made by the Commission to the following grounds: first, whether the action was supported by credible evidence; second, whether the action was arbitrary or capricious; whether the action was beyond the power of the administrative agency; and finally, whether action violated some statutory or constitutional right.

Not exact matches

According to the WSJ, the new Department of Financial Regulation still would have more power than its predecessor agencies to investigate and punish financial institutions for wrongdoing, and Wall Street executives remain concerned it would operate through an administrative process with fewer checks and balances than the AG.

«I had hoped that our governor would join me in recognizing the need to guard against excessive accumulation of power by our administrative agencies,» Steck wrote.

He argues that «under any conception of our separation of powers, I would have thought powerful and centralized authorities like today's administrative agencies would have warranted less deference from other branches, not more,» and that judicial deference has «added prodigious new powers to an already titanic administrative state.»

To examine district - level responses to state policy makers and administrative agencies, we draw on perceptions of power, networking, and loose coupling.

The General Attorney occupation covers professional legal positions involved in preparing cases for trial and / or the trial of cases before a court or an administrative body or persons having quasi-judicial power; rendering legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal Government agency (this may include conducting investigations to obtain evidentiary data); preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents required by the agency's activities; drafting, preparing formal comments, or otherwise making substantive recommendations with respect to proposed legislation; editing and preparing for publication statutes enacted by Congress, opinions or discussions of a court, commission, or board; drafting and reviewing decisions for consideration and adoption by agency officials.

The cabinet in December 2012 agreed to fast - track construction (within four years) of 2,800 km of new power lines and upgrade of 2,900 km by designating, with approval from the country's 16 federal states, the Federal Grid Agency as the only competent planning authority and allocating legal disputes concerning the expansion to a single federal administrative court.

So again, as I've said elsewhere, administrative law and Charter law, corporate law of various types, consumer protection, taxation, and challenging various powers such as permit boards and regulatory agencies... all that is deemed as a matter of course as something that no mere citizen could handle on their own.

Recognizing the critical importance of judicial tenure, both in substance and appearance, Congress provided special protections for administrative law judges, even as it afforded due deference to the constitutional powers of executive agencies to render final agency decisions.

Within the past decade, banking and insurance companies have hired historical legal experts and spent a lot of time litigation over the US Federal Court system's power to issue equitable remedies such as the Mareva injunction and equitable liens to seize assets in federal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's founding.

Senior U.S. District Judge Anna Diggs Taylor, ruling in a case brought against the Bush administration by the American Civil Liberties Union and others, issued a 44 - page opinion finding that the National Security Agency's wiretap program violates the First and Fourth Amendments to the Constitution, the separation of powers doctrine, statutory law and the Administrative Procedures Act.

That case concerned a decision by the Agency's predecessor, the Board of Railway Commissioners, a statutory court endowed, like the Agency, with legislative and administrative powers.

· The Administrative Court ruled that a policy operated by the Legal Aid Agency to deny legal aid for false imprisonment cases where there had been no deliberate or dishonest abuse of power was unlawful.

The process has quickened since the end of World War II in response to the growth of bureaucratic powers on the part of the state and the creation of multitudinous administrative agencies affecting many aspects of the citizen's daily life.

fm.: From Wikipedia: in government, typically a regulation specifically means a piece of the delegated legislation drafted by subject matter experts to enforce a statutory instrument (primary legislation) in business, industry self - regulation occurs through self - regulatory organizations and trade associations which allow industries to set rules with less government involvement The Act that authorizes the Agency would thus be the Legislative creation of Administrative Law (they give authority to enact the regulations as they see fit AND can further clarify through oversight power.)

The General Assembly may vest in administrative agencies established pursuant to law such judicial powers as may be reasonably necessary as an incident to the accomplishment of the purposes for which the agencies were created.

Alternative account: The Appellate Committee of the House of Lords decided that by misinterpreting the criteria for compensation, the FCC — an administrative agency established and given limited powers by statute — had committed an error of law.

Climate - related litigation is a reality, particularly in the United States where action has been taken against private companies, administrative decisions and government agencies... In relation to the impacts on Indigenous peoples, in February 2008 the Alaskan native village of Kivalina filed a lawsuit against a number of oil, coal and power companies for their contribution to global warming and the impacts on homes and country disappearing into the Chukchi Sea.

Dr Jonas has indicated that he supports the maintenance of a «separation of powers» between the elected and administrative arms of ATSIC, but does not support the continuation of a separate agency such as Aboriginal and Torres Strait Islander Services to manage ATSIC's programs.

The Social Justice Commissioner also supports the maintenance of a «separation of powers» between the elected and administrative arms of ATSIC, but does not support the creation or maintenance of a separate agency such as Aboriginal and Torres Strait Islander Services or the mainstreaming of service delivery.

In Tuesday's 110 - page ruling, the court of appeals noted that executive power can be granted to lower administrative agencies, but that it must be limited to the reach of that power.

First, jurisdiction under the CWA is a fundamental and controversial concept to the law, and that the agencies have used their administrative powers to adopt broader and broader definitions of «waters of the U.S.» even though the statute has remained unchanged.