The Administrative System

• Jurisdiction: Maryland

II. THE ADMINISTRATIVE SYSTEM

A. Overview

An administrative agency is a legislatively-created body charged by its chartering legislature (be it the General Assembly or a County or City Council) with certain executive, quasi-legislative, and/or quasi-judicial functions, discussed below. An agency's existence, and hence the scope of its powers, is dependent upon this legislative grant of authority, and an agency may not confer upon itself additional rule-making, adjudicatory, or executive power of any kind.³ The corollary is that an agency may not lawfully act outside the scope of this grant of authority.

B. Roots of Administrative Power

Generally, any administrative agency,⁴ municipal or state-wide, derives its powers first from the State Constitution, and then from enabling or "organic" legislation which may be an act of the Legislature, an act of the County or City Council, or both.⁵

Moreover, there are many state agencies (such as the State Highway Administration or State Railroad Administration) which have been delegated part of the administration of federal programs; for such agencies, some of their powers stem from federal law as well.⁶ If you suspect that your client's problem concerns a regulated activity, you should immediately seek out and read the enabling legislation. You will probably find it in the related titles or subtitles of the Maryland Code or the relevant County Charter or Code.

Take a little time while checking to make sure you have all the right agencies: federal, state, and local. Sometimes more than one may be involved. For example, health maintenance organizations are regulated not only by the Insurance Commissioner but also by the Department of Health and Mental Hygiene. Recreational access to Deep Creek Lake (which lies atop a hydroelectric dam) is governed not only by the Lake Manager (an official of the Department of Natural Resources), but also by the Federal Energy Regulatory Commission. Employment discrimination claims may be adjudicated by the Maryland Commission on Human Relations or the U.S. Equal Employment Opportunity Commission or county or municipal agencies (which, however, share work responsibilities by agreement). The construction of major highways in Baltimore City is likely to be handled jointly by the Baltimore City Office of Transportation, the Maryland State Highway Administration within the Maryland Department of Transportation, and the Federal Highway Administration. Try to develop an instinct for these situations. A good (though far from exhaustive) rule of thumb: Any sovereignty which puts its own money into something supervises the expenditure of that money through an agency, no matter how many other sovereignties or agencies are also involved.

C. Executive Functions

An agency may be part of the formal executive branch or may enjoy an "independent" status (meaning that it is not subject to the direct orders of the head of the executive branch, and its officials do not serve at the pleasure of that individual).⁷ Either way, it almost...