Public Administrative Bodies

• Author: Jeffrey Lehman, Shirelle Phelps

Page 164

Agencies endowed with governmental functions.

Public ADMINISTRATIVE AGENCIES are created by statute and only the legislature has the authority to provide for their creation. The statutory provisions that create the administrative agencies and confer functions on them determine the character of the agencies. In general, agencies represent the people and act as guardians of the public interest, not the interests of private persons. As an incident to the performance of their public functions, however, agencies can decide issues between private parties or private rights.

Administrative agencies are extensions of the legislative branch of the government and can perform acts of a legislative or quasi-legislative nature. Agencies can also be part of the EXECUTIVE BRANCH of government and can be empowered to deal with matters within the scope of executive power.

Administrative agencies are continuing organizations, unaffected by changes in personnel. Ordinarily final actions of administrative officers or bodies within the scope of their authority are binding on their successors.

All persons are equally eligible to hold an administrative office unless they are excluded by some constitutional or statutory disqualification. The legislature usually establishes the qualifications of those who are to hold administrative offices. The qualifications must be reasonable in light of the functions and duties of the office. The tenure and term of administrative officers are indicated in the statute. Generally an official is entitled, and sometimes required, to hold office until a qualified successor is chosen. The power to remove an official is derived from the sovereign power of the state and is indispensable in obtaining good administration of public activities. An officer should be removed only according to law. If the office is held at the pleasure of the appointing agency, the incumbent can be removed without notice or hearing.

Generally when authority is conferred on an administrative body composed of three or more members, the authority can be exercised by less than all the members, provided all had notice of the meeting and an opportunity to attend. Membership on an administrative board ordinarily includes the right to vote, and statutory provisions governing the method of voting should be observed. The number of members for effective action is usually fixed by statute, and action by a quorum is necessary. Unless provided by statute, the authority cannot be exercised by a solitary member, or less than a majority. A statutory requirement that a...