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Why do U.S. regulatory agencies combine rule making with hearings and decisions?

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lampoon of Interstate Commerce Commission — Administrative law Cartoon depicting a uniformed Interstate Commerce Commission officer shining a large searchlight on U.S. railroad executive Edward Henry Harriman, who is struggling to carry a large load of packages and toy trains, some labeled “merger.”

U.S. regulatory agencies combine rule-making (a legislative function) with hearings and decisions (a judicial function) to provide effective, specialized regulation that Congress cannot achieve on its own.12

This structure allows agencies to apply specific scientific, technical, or administrative expertise to implement broad policies established by Congress. By functioning as a commission of specialists, these agencies can maintain a more consistent line of policy than an elected body and address complex problems in detail rather than on a case-by-case basis.12

The combination of these functions is considered necessary for effective regulation, as it enables agencies to set standards and then enforce them through adjudicatory proceedings. While this integration has been criticized for potentially undermining the separation of powers, defenders argue that accountability is maintained through Congressional supervision and judicial review. Furthermore, the Administrative Procedure Act (APA) provides a framework to ensure fairness, public participation, and uniform standards in both rule-making and enforcement.21