Administrative Law

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Author:
johncburt
ID:
198584
Filename:
Administrative Law
Updated:
2013-02-13 20:14:10
Tags:
Admin Law
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Description:
Bar review
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  1. Admininistrative Agencies - 2 general problems (constitutional)
    • 1. Constitution does not mention them.
    • 2. Admin Agencies combine executive and judicial powers = thus powers are not seperate
  2. Admin Law - 3 Step Approach to answer Admin law question
    • 1. Enabling law
    • 2. Administrative Procedure Act
    • 3. Constitution
  3. Admin Law - 3 Step Approach - Enabling Law - Ultra Vires what does it limit
    Ultra Vires - Agencies must act w/in the scope of their enabling legislation.  Like can a car seat regulator suddenly regulates air bags - Void as an Ultra Vires Act
  4. Admin Law - 3 Step Approach - Enabling Law - Constitutionsl Limits -Legislature Delegation
    • Constitution requires the legislation to provide:
    • 1. Adequate safe guards
    • 2. Define the subject matter
    • 3. Intelligible princilpe - when the power can be used
  5. Admin Law - What are Agency Actions - 3 types of actions
    • 1. Investigation
    • 2. Rule Making
    • 3. Adjudication (enforcement)
  6. Admin Law - 3 Step Approach - Agency Action - Criminal Penalties
    May impose civil, but NOT criminal penalties
  7. Admin Law - Agency Action - Investigation - What are limits of Subpeona Power
    • Subpeona Power: Must be authorized in the law, there is no APA rule
    • 2. Must be contstitutional (reasonable) in that it can't be:
    • a. Vague
    • b. Irrelevant
    • c. Unduly burdensome
  8. Admin Law - Agency Action - Investigation - Searches/Inspections - What must they have
    Must have a warrant that defines the scope of the search and must have a reasonable basis (not probable cause) for the search
  9. Admin Law - Agency Action - Investigation - Searches/Inspections - Warrant Exceptions (4)
    • 1. Consent
    • 2. Emergency (fire fighting)
    • 3. Plain view
    • 4. Authorized by statute: heavily regulated commercial activity can have warrentless searches.  Need to give notice and scope of search
  10. Admin Law - Agency Action - What is formal Rule making
    If statute calls for formal rule making then it requires a trial type hearing
  11. Admin Law - Agency Action - What is informal Rule making
    • Requires:
    • 1. Adequate Notice: Authority, Time, Place, and Nature of Proceeding
    • 2. Opportunity for comment
    • 3. Publication of final rule (state register)
    • 4. Cant have unalterable cllosed minds
  12. Admin Law - Agency Action - Rule making - that is informal but effects only small number of people, what is the result
    If it is informal and all requirements are met, but the rule only effects a small amount of people - Argue Due Process and seek a formal oral hearing
  13. Admin Law - Agency Action - Adjudication  Hearing requirements (4)
    • 1. Proper and necessary parties
    • 2. Impartial decision maker
    • 3. Based on preponderance of the evidence
    • 4. Procedurally Sufficient
  14. Admin Law - Agency Action - Adjudication - Hearing requirements - Evidence
    • Not bound by formal rules of evidence. 
    • Hearsay is ok if reliable
    • Ex Parte communication must be on the record
    • Official Notice - Lesser than Judicial Notice
  15. Admin Law -  Adjudication - Hearing requirements - What is Procedurally Sufficient (3)
    • 1. Right to have counsel present
    • 2. Right to discovery
    • 3. Oral Argument
    • 4. Cross Examination
  16. Admin Law - Hearing requirements - Due Process Argument - Balancing 2-part Test
    • If the action has to do with life, liberty, or property interest, argue due process, balancing test:
    • State Interest v. Private Interest v. risk of error
  17. Admin Law - Judicial Review - P's Jurisdiction Requirements - 4
    • 1. Standing
    • 2. Exhaustion of Remedies
    • 3. Ripeness
    • 4. Finality
  18. Admin Law - Judicial Review - Jurisdiction Requirements - Standing (2)
    • Requires:
    • 1. Injury in Fact: Causation, redressability
    • 2. Zone of Interest: like torts, foreseeability - party legislature intended to be affected by the law
  19. Admin Law - Judicial Review - Scope - Standard of Review - Rule Making
    The standard is "Arbitrary and Capricious" - Does the agency have a rational basis for its rule
  20. Admin Law - Judicial Review - Scope - Standard of Review - Adjudication
    Standard is: "Substantial Evidence based on the record" - Could a reasonably prudent reviewer by reading the record reach the same result
  21. Admin Law - Judicial Review - Scope - Standard of Review - Judicial Deference (3)
    • 1. Courts are very deferential to the agencies fact finding.
    • 2. Court will defer to the Admin interpretation of an ambiguos law.
    • 3. If statutory language is clear, court will not defer to Admin interpretation

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