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Agencies as Independent or Subordinate

An independent agency is an agency independent of the executive branch.  Administrative agencies, except those federal agencies which are subject to presidential supervision,remain independent of the executive branch.  The court will not require the agency to reopen its proceedings, when the agency has taken final action on a matter that is peculiarly within its realm of expertise except upon a clear showing of abuse of discretion or of extraordinary circumstance.[i]

However, whether a decision made by an administrative officer at a disciplinary hearing is final and binding upon a commissioner depends upon the intent of the legislature in conferring their respective powers.[ii]  Action of a subordinate agency is subject to review and revision.

[i] In re Three Mile Island Alert, Inc., 771 F.2d 720 (3d Cir. 1985)

[ii] Doe v. Axelrod, 71 N.Y.2d 484 (N.Y. 1988)

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