10.2
Regulatory Agencies
The power of administrative agencies comes from the executive branch of the government. Congress passes
laws to carry out specific directives. The passing of these laws often creates a need for a government agency
that will implement and carry out these laws. The government is not able to perform the work itself or manage
the employees who will do the work. Instead, it creates agencies to do this. Assigning this authority to
agencies is called delegation. The agencies have focus and expertise in their specific area of authority.
However, it is important to note that Congress gives these agencies just enough power to fulfill their
responsibilities.
Although administrative agencies are created by Congress, most administrative agencies are part of the
executive branch of the government. The executive branch of government of the United States is headed by
the president of the United States. Administrative agencies are created to enforce and administer laws, and
the executive branch was created to oversee administrative agencies. Administrative agencies conduct exams
and investigations of the entities they regulate. As a result of being part of the executive branch of
government, the leaders of administrative agencies are generally appointed by the executive branch.
Figure 10.5
Most administrative agencies are housed in the executive branch. The president of the United
States appoints leaders to administrative agencies. (Credit: Aaron Kittredge/ pexels/ License: CC0)
Administrative agencies also have responsibilities that mirror the responsibilities of the judicial branch of
government. Administrative law judges (ALJ) have two primary duties. First, they oversee procedural aspects,
like depositions of witnesses related to a case. They have the ability to review rules and statutes and review
decisions related to their agencies. They also determine the facts and then make a judgment related to
whether or not the agency’s rules were broken. They act like a trial judge in a court, but their jurisdiction is
limited to evaluating if rules established by certain government agencies were violated. They can award
money, other benefits, and punish those found guilty of violating the rules.
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