Admin Law- Exam 2 Study Guide

Admin Law- Exam 2 Study Guide - Admin Law Exam 2 Study...

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Admin Law Exam 2 Study Guide Identifications: Substantive Rule: relates to the substance of matters, as distinct from procedural rules; affect the rights of persons. Substantive rules have the most force of law; they affect what is going on in the agency. Formal Rule-Making: the making of rules by an administrative agency which, by statute, are required to be made “on the record” by following trial-type procedures (ex: allowing cross-examination of witnesses) U.S. v. Florida East Coast Railway (1973) : Citizens to Preserve Overton Park v. Volpe (1971): Memphis wanted to put a highway through a park and zoo. The Secretary of Transportation had the authority to decide where the road would go and argued that it was up to his discretion. The citizens argued that by law it was up to him to protect existing neighborhoods and old buildings. The Court agreed. Even though it may be up to an agency’s discretion they have to look at all of the laws. It is not a blank check. Due Process: legal procedures designed to ensure that life, liberty, and property cannot be arbitrarily or capriciously taken by the government. Due process refers to the exercise of governmental power under the rule of law with due regard for the rights and interests of individuals. Has two dimensions: substantive and procedural. The right to Due Process is the right to a hearing before an unbiased decision maker. Goldberg v. Kelly (1970): post-termination appeals are required. Goldberg loses welfare benefits. AN entitlement is a right. Welfare equals a rights in the way it was written. Mathews v. Eldridge (1976): his disability benefits were taken away, but claimed it was a statutory right. 3-Prong Test- 1. What is the right being affected? this case, unemployment insurance 2. The risk of erroneous deprivation- risk the government could make mistakes? this case, low because it was based on medical reports 3. The public interest? giving everyone a case costs the government and taxpayers a lot of money. Exclusive Record:
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This note was uploaded on 07/26/2011 for the course PLSC 4163 taught by Professor Kelley during the Spring '11 term at Arkansas.

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Admin Law- Exam 2 Study Guide - Admin Law Exam 2 Study...

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