Administrative Law
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Complete list of Terms and Definitions for Administrative Law

Terms Definitions
Administrative agencies make rules, they do not enforce them. False
Legislative Rules 


 Called Regulations but
 are like statutes



 W/in power granted in
 “enabling statute”
 Statute must provide
 standards to guide agencyPassed according to APA
Those who provide evidence in administrative hearings but are not named as parties are called: intervenors.
Procedural Rules 


 Set forth Agency rules
 of conduct & operation methodsExamples: 
business hours, who may appear before agency, hearing procedures
A rule that is arbitrary and capricious can be declared invalid by a court. True
The principle that requires businesses to pursue their remedies with agencies before going to court is called: exhausting administrative remedies.
The Federal Privacy Act applies to the inter-agency exchanges of information. True
What is an Administrative Agency? 

Administrative Agency is
either:

Executive: Housed with executive
branch (IRS, FBI, FDA) or

Independent: Not housed
within executive branch 




Fundamental Rights freedom of religious choice and practice, fredom of travel, the right to vote, and freedome of the process.
Fifth Amendment provides that no person shall be deprived of life, liberty, or property without due process of law.
Scope/deference for jurisdictional review? Scope: Substituted judgment (de novo). Deference: Some
The Federal Privacy Act: applies to exchanges of information about individuals between federal agencies.
An enforcement action by a federal agency begins: with a complaint.
If life is threatened what must be provided due process
What is the minimum comment period for notice and hearing? 30 Days
The law that gives an agency the power to deal with issues and enforcement is called an enabling act.
How can public get info about actions of government? cont.. able to attend meetings.. 

GOVERNMENT
IN THE SUNSHINE ACT – meetings of federal agencies must be open to public
unless meet an exception



TEXAS
OPEN MEETINGS ACT -- meetings of state and local governments must be open to
public unless meet an exception Not all meetings - 'executive session' - public is not able to attend





What requires that the law be relatged to the prupose intended or that the govermenthave some substantial reason for theregulation Substantive due process
There are always four independent grounds on which a court may review and possibly set aside agency action, what are they? Constitutional review (did the decision violate constitutional mandates), jurisdictional review (was the agency action without the scope of the agency as defined by its organic act), procedural review (did the agency follow its own rules, its enabling act
Administrative Law This is an essay topic and will be Missouri Specific
What is the Administrative Procedures Act (APA)? It requires agencies to follow certain uniform procedures in making rules. It has been amended many times by the Freedom of Information Act, Federal Privacy Act, and Government in Sunshine Act as well as others.
A law that requires a review of the work of an agency and its effectiveness before the agency will be permitted to continue is known as: a sunset law.
Rights-verses privilages doctrine was rejected in which case. Goldberg v. Kelly, where the Court stated "it may be realistic today to regard welfare entitlements as more like "property than a "gratuity.; Much of the existing wealth in this country takes the form of rights that do not fall iwthin traditional commom-law concepts of proeprty. The court stated that a person has protected property interst in a benefit if he or she has a "legitimate claim to that benefit"
When is an agency granted rulemaking authority that binds the courts? When effective delegation of rulemaking authority is given -- the enabling act muct contain a provision that says, "The agency may make all needful rules and regulations to carry out the purposes of this act."
1. What does arbitrary and capricious mean?2. What is the substantial evidence test?3. What is ultra vires? 1. standards for challenging admin. agency rules; used to show decisions or rules were not based on sufficient facts.2. it is applied in the review of formal and hybrid rulemaking. Substantial evidence requires that more convincing evidence exist in support of the regulation against it.3. a latin term meaning, "beyond its powers". it is one that goes beyond the powers given to the agency in its enabling act.
Which of the following is NOT part of the Federal Register System? a. United States Code b. Federal Register c. Code of Federal Regulation d. U.S. Government Manual a. United States Code
What are the comments like? They are usually written and a hearing (where comments can be made orally) -- if any -- is not an adversary proceeding but is instead similar to a legislative-style proceeding.
When are officials subject to suit (i.e., when are they not immune?) "Public officers acting within the scope of their authority are not liable for injuries arising form their discretionary acts or omissions [read policy making], but they may be held liable for torts committed when arising in a ministerial capacity [r
When are ex parte communications allowed? Allowed if reasonable PRIOR notice is given to all parties.
Scope/deference for merits review of rulemaking? Abuse of discretion (most leeway given to an agency).
What are the three publications that make up the Federal Register System? 1. U.S Government Manual- lists all federal agencies and their regional offices along with addresses.2. Code of Federal Regulations- contains all the regulations of all the federal agencies.3. Federal Register- provides a daily update on changes in the regulations. It is published every gov't working day and contains proposed regulations, notices of meetings (under the Gov't in sunshine Act), notices of hearing on proposed regulations, and final versions of amended or new regulations.
Under the property interest, what is the "for cause" standard? Any statute, agency rule or other source of law that requires dismissal or cancellation "for cause." E.g., termination of welfare benefits is "for cause" and, therefore, requires a certain amount of process to be constitutionally vali
Where may a plaintiff seek direct review of rules? Circuit court via an action for declaratory judgment on the validity of any rule or threatened application of a rule.
In determining the first issue for Mo Admin Law, what are the three types of administrative action? Contested case, noncontested case and rulemaking.
When does an agency have primary jurisdiction? When a court and agency have concurrent jurisdiction, the agency's review of the matter is primary and must be exhuasted first -- i.e., the plaintiff does not have the choice of forum between agency proceedings and the courts. This is true even where the
What notice is required for rulemaking? Notice of the proposed action must be filed with the Secretary of State and published in the Missouri Register and it must include SIX requirements: i) the time and place for filing comments on the proposed rule; ii) time and place of any hearing to be he
What is the reasoning behind the difference in where the appellate court looks? In contested cases and rulemaking, the agency's record is where the facts were fleshed out. With a noncontested case, the parties have yet to contest the issues, the real record was created at the circuit court level.
What amount of process is due when it is found that some process is required? There's a utilitarian, three-factor balancing test in which the court weighs: i) the harm to the private party that would result from erroneous deprivation, ii) the governmental (or general public's) interest in using less formal decision making procedure
Once an administrative law judge has issued a decision: the parties must file an appeal with the agency.
What is the substantlal relationshkp law or action that is valid if it is substantially related to a lawful goverment objective. This is applied in limited cases such as classifications based upon gender of "legitimacy of birth"
When will a due process violation hold? When a person's life (not usually at issue with agency decisions), liberty or property interest is at stake.
Can an organization meet the standing requirements for challenging zoning decisions? Not unless it actually owns property. Otherwise, there is no standing.
What is the test used to determine ripeness questions? The balancing test that pits the present fitness of the issues for judicial resolution against the hardship to the parties when review is delayed.
What is the meaning of the substantial evidence standard? Evidence is substantial if it is reasonable in light of the whole record with the evidence viewed in the light most favorable to the agency.
How is the lawfulness of agency action judged? By the actual reasoning supplied by the agency. This is dissimilar to the rational basis standard which validates a decisions where there exists any rational explanation for the decision, here, the actual decision, and the reasoning it relied upon, must
Where is appropriate venue for a contested case? Cole county or the county where the plaintiff resides
When does the traditional wrong test apply for standing? It is unclear, but likely where there is a noncontested case and maybe for a contested case.
What are the exceptions to the exhaustion requirement? 1) Where it is EXTREMELY clear that further proceedings would be a useless formality; 2) the agency's organic act is challenged as unconstitutional on its face; 3) where the only issue is a constitutional challenge to agency organic act and there are no r
What is the government in Sunshine Act? A 1976 amendment to the APA and is also called the "open meeting law" Its purpose is to require prior public notice of meetings of those agencies with heads appointed by the president. All the agencies with the word commission in their names have agency heads appointed by the president. There are exemptions to this law such as when discussing national defense, foreign policy, trade secrets, personnel, or law enforcement issues.
Who can petition an agency to make a rule? Anyone may request that an agency promulgate rules on a topic.
The scope of review and level of deference depend on what? The scope of review and level of deference a court affords an agency depends on which of the four grounds for judicial review is implicated.
What is the importance of the Enabling Act? It acts to effectively limit the scope of an agency. An agency may not act outside its grant of power within its own Enabling Act.
How does the court dispose of issues it finds with an agency's decision? It remands the issue back to the agency to properly consider, it does NOT decide the issue itself (for the reasons that agencies exist, they are the experts with the relevant experience).
What force does an agency rule have? If valid, it has the "force and effect of law" and is treated like and statute and is, therefore, binding on courts.
What is the exception to the general rule that disallows a decision maker to prejudge a case? The Rule of Necessity, if no one else can make the decision, there is no disqualification based on prejudgment.
1. What is the Federal Register Act (FRA)?2. What is the Federal Register System? 1. It's not part of the APA, but its provisions are necessary for all the acts under the APA to work. It created the Federal Register System.2. oversees publication of federal agency information. This system provides the means for Sunshine Act notices and publication of agency rules and procedures.