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Administrative Action Preceeding Litigation

Administrative Action Preceeding Litigation
Variable Name
Spaeth Name
Normalizations
adminAction
ADMIN
125 [ view ]

This variable pertains to administrative agency activity occurring prior to the onset of litigation. Note that the activity may involve an administrative official as well as that of an agency. The general rule for an entry in this variable is whether administrative action occurred in the context of the case. Note too, that this variable identifies the specific federal agency. If the action occurred in a state agency, adminAction is coded as 117 (State Agency). See the variable adminActionState for the identity of the state.

Determination of whether administration action occurred in the context of the case was made by reading the material which appears in the summary of the case (the material preceding the Court’s opinion) and, if necessary, those portions of the prevailing opinion headed by a I or II.

Action by an agency official is considered to be administrative action except when such an official acts to enforce criminal law.

If an agency or agency official “denies” a “request” that action be taken, such denials are considered agency action.

If two federal agencies are mentioned (e.g., INS and BIA), the one whose action more directly bears on the dispute will appear; otherwise the agency that acted more recently. If a state and federal agency are mentioned, the federal agency will appear.

Excluded from entry in this variable are:

  • A “challenge” to an unapplied agency rule, regulation, etc.
    A request for an injunction or a declaratory judgment against agency action which, though anticipated, has not yet occurred.
  • A mere request for an agency to take action when there is no evidence that the agency did so.
  • Agency or official action to enforce criminal law.
    The hiring and firing of political appointees or the procedures whereby public officials are appointed to office.
  • Attorney general preclearance actions pertaining to voting.
    Filing fees or nominating petitions required for access to the ballot.
  • Actions of courts martial.
  • Land condemnation suits and quiet title actions instituted in a court.
  • Federally funded private nonprofit organizations.

Note that the following list of agencies any also be found as a petitioner or respondent variable.

Values:

1Army and Air Force Exchange Service
2Atomic Energy Commission
3Secretary or administrative unit or personnel of the U.S. Air Force
4Department or Secretary of Agriculture
5Alien Property Custodian
6Secretary or administrative unit or personnel of the U.S. Army
7Board of Immigration Appeals
8Bureau of Indian Affairs
9Bureau of Prisons
10Bonneville Power Administration
11Benefits Review Board
12Civil Aeronautics Board
13Bureau of the Census
14Central Intelligence Agency
15Commodity Futures Trading Commission
16Department or Secretary of Commerce
17Comptroller of Currency
18Consumer Product Safety Commission
19Civil Rights Commission
20Civil Service Commission, U.S.
21Customs Service or Commissioner or Collector of Customs
22Defense Base Closure and REalignment Commission
23Drug Enforcement Agency
24Department or Secretary of Defense (and Department or Secretary of War)
25Department or Secretary of Energy
26Department or Secretary of the Interior
27Department of Justice or Attorney General
28Department or Secretary of State
29Department or Secretary of Transportation
30Department or Secretary of Education
31U.S. Employees’ Compensation Commission, or Commissioner
32Equal Employment Opportunity Commission
33Environmental Protection Agency or Administrator
34Federal Aviation Agency or Administration
35Federal Bureau of Investigation or Director
36Federal Bureau of Prisons
37Farm Credit Administration
38Federal Communications Commission (including a predecessor, Federal Radio Commission)
39Federal Credit Union Administration
40Food and Drug Administration
41Federal Deposit Insurance Corporation
42Federal Energy Administration
43Federal Election Commission
44Federal Energy Regulatory Commission
45Federal Housing Administration
46Federal Home Loan Bank Board
47Federal Labor Relations Authority
48Federal Maritime Board
49Federal Maritime Commission
50Farmers Home Administration
51Federal Parole Board
52Federal Power Commission
53Federal Railroad Administration
54Federal Reserve Board of Governors
55Federal Reserve System
56Federal Savings and Loan Insurance Corporation
57Federal Trade Commission
58Federal Works Administration, or Administrator
59General Accounting Office
60Comptroller General
61General Services Administration
62Department or Secretary of Health, Education and Welfare
63Department or Secretary of Health and Human Services
64Department or Secretary of Housing and Urban Development
65Administrative agency established under an interstate compact (except for the MTC)
66Interstate Commerce Commission
67Indian Claims Commission
68Immigration and Naturalization Service, or Director of, or District Director of, or Immigration and Naturalization Enforcement
69Internal Revenue Service, Collector, Commissioner, or District Director of
70Information Security Oversight Office
71Department or Secretary of Labor
72Loyalty Review Board
73Legal Services Corporation
74Merit Systems Protection Board
75Multistate Tax Commission
76National Aeronautics and Space Administration
77Secretary or administrative unit or personnel of the U.S. Navy
78National Credit Union Administration
79National Endowment for the Arts
80National Enforcement Commission
81National Highway Traffic Safety Administration
82National Labor Relations Board, or regional office or officer
83National Mediation Board
84National Railroad Adjustment Board
85Nuclear Regulatory Commission
86National Security Agency
87Office of Economic Opportunity
88Office of Management and Budget
89Office of Price Administration, or Price Administrator
90Office of Personnel Management
91Occupational Safety and Health Administration
92Occupational Safety and Health Review Commission
93Office of Workers’ Compensation Programs
94Patent Office, or Commissioner of, or Board of Appeals of
95Pay Board (established under the Economic Stabilization Act of 1970)
96Pension Benefit Guaranty Corporation
97U.S. Public Health Service
98Postal Rate Commission
99Provider Reimbursement Review Board
100Renegotiation Board
101Railroad Adjustment Board
102Railroad Retirement Board
103Subversive Activities Control Board
104Small Business Administration
105Securities and Exchange Commission
106Social Security Administration or Commissioner
107Selective Service System
108Department or Secretary of the Treasury
109Tennessee Valley Authority
110United States Forest Service
111United States Parole Commission
112Postal Service and Post Office, or Postmaster General, or Postmaster
113United States Sentencing Commission
114Veterans’ Administration or Board of Veterans’ Appeals
115War Production Board
116Wage Stabilization Board
117State Agency
118Unidentifiable
119Office of Thrift Supervision
120Department of Homeland Security
121Board of General Appraisers
122Board of Tax Appeals
123General Land Office or Commissioners
124NO Admin Action
125Processing Tax Board of Review