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Creation and Establishment

A federal or state agency can be created in a variety of ways, by:

  • Constitution;
  • Statute;
  • Agency action;
  • Executive order[i].

Most agencies have their source in legislative enactments.  Courts refer to agencies as creatures of the legislature which act pursuant to specific grants of authority conferred by their creator.

Congress, state legislatures, and municipal corporations can create administrative agencies[ii].  Similarly, the executive can also create administrative agencies such as investigative agencies under statutes so providing.  Sometimes, in the field of labor relations, federal statutes creating administrative agencies have a parallel in state statutes.

[i] Bruggeman v. South Dakota Chem. Dependency Counselor Certification Bd., 1997 SD 132 (S.D. 1997)

[ii] Ronald A. Coco, Inc. v. St. Paul’s Methodist Church, 78 N.M. 97 (N.M. 1967)

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