Also known as: regulatory agencies · administrative agency · regulator
Written by attorneys · grounded in primary & secondary sources — see below
A governmental body created by statute to promulgate and enforce rules governing conduct within a particular sector of the economy or society. The body acts through rulemaking and adjudication to implement legislative policy and may issue orders directly affecting private interests.
Ronald Reed represents Reliance Insurance before the state insurance department in a rate-setting proceeding. He informs the presiding officials that he appears solely on behalf of his client and refrains from making any false statements of material fact during the hearing. The department later issues an order adjusting premiums based on the evidence presented.
Rising Sun Electronics challenges an EPA regulation limiting carbon dioxide from power plants. The agency determined that such emissions contribute to air pollution endangering public health. A court upholds the rule after finding the agency acted within its statutory authority to regulate the pollutant.
Select any source to read its text and confirm it supports the definition.
Ruby Rivera, an analyst at Royal Crest Hotels, receives material nonpublic information and shares it with a friend who trades on the tip. The SEC brings an enforcement action alleging a breach of duty. The agency seeks to hold both parties liable for the resulting trading profits.
Riverside Healthcare petitions to set aside a Nuclear Regulatory Commission rule governing reactor safety. The agency followed notice-and-comment procedures required by statute. A court reviews the rule under the arbitrary-and-capricious standard and upholds the agency's technical determinations.
Rita Russell, a candidate for federal office, receives coordinated expenditures from a political action committee. The FEC determines the spending constitutes an in-kind contribution subject to statutory caps. The agency imposes a civil penalty after finding a violation of the contribution rules.
Robert Rivera is charged under a federal statute prohibiting firearms in school zones. The statute was enacted without findings linking the prohibition to interstate commerce. A court strikes down the law after concluding Congress exceeded its enumerated powers.
A regulatory agency acts in an adjudicative capacity when a neutral official, after receiving evidence or legal argument from the parties, renders a binding judgment that directly affects a party's interests. Courts exercise general judicial power, while agencies are limited to the authority granted by their enabling statutes.
A lawyer must disclose the representative capacity and must comply with the duties of candor, fairness, and impartiality set out in Rules 3.3(a)-(c), 3.4(a)-(c), and 3.5. Failure to disclose or violation of those duties can result in professional discipline.
Yes. An administrative agency acts as a tribunal when a neutral official will render a binding legal judgment after presentation of evidence or argument. The agency is then treated like a court for purposes of the lawyer's duties of candor and fairness.
…(1994) (opinion of Kennedy, J.) ("Congress is not obligated, when enacting its statutes, to make a record of the type that an administrative agency or court does to accommodate judicial review"); Fullilove v. Klutznick , 448 U. S. 448, 503 (1980) (Powell, J., concurring) ("After Congress has legislated repeatedly in an area of…