Classification of Federal Agencies: The Administrative Procedure

¶ … Classification of Federal Agencies:

The Administrative Procedure Act is regarded as one of the most significant legislations because it focuses on establishing rules and regulations with which federal regulatory agencies enforce major legislative acts. The act governs the functioning of various federal agencies either directly or indirectly resulting in a huge impact on the lives of millions of people who are influenced by the agencies every day. This legislation has four basic purposes including enhancing public participation in the informal process of making rules and requiring agencies to update the public on their organization, policies, and protocols. The other functions of the law are to reaffirm the judicial review policy and to develop standardized principles for the conduct of formal rulemaking and adjudicative happenings (Nylander, 2006).

As an important piece of legislation, the Administrative Procedure Act ensures that federal regulatory agencies do not become indiscriminant in their processes of rule-making. This is achieved through the establishment of uniform standards that guide the rulemaking process of these agencies. However, if these federal regulatory agencies become indiscriminant in their rule-making activities, it could have serious implications on the lives of people. The major impact of such a move would be the decline of public participation in the rule-making process. This is largely because the main element or aspect of the legislation is to promote and enhance public participation in the process. Indiscrimination in the federal agencies in their rule-making activities would have considerable effects on public participation since the procedures in the Administrative Procedure Act basically involve the inclusion of the public in the processes.

The Constitutional Principle:

One of the major principles in the constitution is that the legislative, executive, and judicial roles of government should not exist in same person or group of people. This principle basically promotes and enhances the separation of powers across the three arms of governments. Through this principle, the constitution recognizes and ensures that this division not only promotes democracy but also create practical checks and balances among them. According to proponents of this principle, the separation of powers across these arms has various advantages to the country including avoiding oppression. In addition, provides the balance across all these arms of government, enhances accountability, and ensures that these governmental arms do not violate the laws they establish.

This principle has been effective because of its numerous benefits to the country due to its advantages. By ensuring that powers are not vested in the same person or group of people in the legislative, executive, and judicial arms of government, the principle has ensured that there is no tyranny or oppression in governance. However, this principle can be ineffective in certain instances especially with regards to the need for autonomy or independence of each of these arms of government. The principle does not work as its intended when it comes to change since it's likely to result in resistance or rigidity to change. Rigidity to change is likely to occur when changes to either arm of the government requires approval by another governmental arm that may not be in support of the change.

Powers of Administrative Agencies:

Administrative agencies are generally mandated with the task and responsibility of making rules as one of its major functions. The law-making functions of these administrative agencies are delegated to them by the legislature. The legislature delegates the rulemaking powers or functions but deals with areas in these laws that require expertise. Therefore, the role of these agencies can be described as legislative, interpretive, procedural roles as well as the overall statements of policy.

In order to fulfill their responsibilities effectively, the administrative agencies have been granted discretionary powers. However, the discretionary powers must be utilized impartially, logically, and by avoiding unnecessary injury as well as oppression ("Discretionary Powers," n.d.). Notably, the agencies have the rulemaking power and function because of their specialization and experience in decision-making. Since these agencies deal with the rule-making processes or aspects, they have a huge impact on people's lives. There are various types of administrative agencies that have different roles and functions including

Local Police Department:

The local police department is one of the administrative agencies and part of the criminal justice system. The mission of the local police department is improve the quality of life for the local residents through the enforcement of law, lessening the occurrence and fear of crime, and ensuring order and safety of the public ("Police Department," 2000). While the agency is divided into several administrative units, its major impact in my life has been the improvement of safety.

Local Fire and Rescue Department:

This administrative agency has the responsibility of responding to emergencies, particularly fire incidents. The fire department is equipped to ensure that there is effective response protect people and prevent huge loss of property during fire incidents. This agency has impacted my life by providing safety during fire emergencies.

Waste and Water Department:

The main function of this administrative agency is to ensure water management and sanitation within the local environment. The impact of the department has been its processing of hazardous waste to provide safety and ensure that there is clean water for the residents.

The Effectiveness of the Legal System:

The effectiveness of the legal system can be identified through various factors including the review of various cases. An example of such cases includes the judicial review case regarding the complaint filed by Sturm, Ruger & Company, Inc. challenging the data collection initiative of the Occupational Safety and Health Act. According to the act, the Secretary of Labor has been authorized to disseminate workplace safety and health standards. Moreover, the Secretary of Labor has also been directed to provide legislations that require workers to maintain accurate records of and provide occasional reports about work-related injuries, illnesses, and deaths. Therefore, the Secretary has the power and responsibility to give citations and to evaluate consequences of violations of the Act ("300 F.3d 867: Sturm Company, Inc.," 2002).