Law HW CH6 - 5 McHugh is not correct Since the board was...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Rolando Hernandez 02/15/10 Law 1 Prof Ellis H.W. CH 6 2. Reserve Mining can challenge the one-million-fibers standard instituted by the Minnesota Pollution Control Agency by appealing to a court. The appeal would have to be filed stating that the standards are arbitrary and capricious. This means that the agency did not provide an explanation for its standards. Therefore the court condemns the agency action as arbitrary and will grant the appeal. 3. The names were subject to the Freedom of Information Act. This statute “ ensures that government activities be opened to the sharp eye of the public” and that “each agency shall…publish the Federal Register for the guidance of the public…the methods whereby the public may obtain info., make submittals or requests, or obtain decisions”, unless there is an exemption such as invasion of privacy. Since there is no clear exception to prevent the Tacoma News from obtaining this information from the Health Department, the names should be disclosed.
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: 5. McHugh is not correct. Since the board was authorized to set the amount of rents that could be charged by the state, they have the power to determine what the maximum limit should be. There is no need for a jury trial because, in this case, the agency acts as a specialized court. The difference between an administrative hearing held by an agency and a court hearing is that there is no right of trail by jury before an agency. 11. The objection was not valid. The Sunshine Act states that meetings of major administrative agencies should be open to the public if they involve “deliberations” of the agency or those that “result in the joint conduct or disposition of official agency business”. The commissioner is discussing a matter that involves deliberations and may result in join conduct. Therefore the public is permitted to be present in this meeting in order to prevent possible administrative misconduct, such as the violation of a zoning law....
View Full Document

This note was uploaded on 09/27/2011 for the course LAW 101 taught by Professor Prof.ellis during the Spring '11 term at Manhattan College.

Ask a homework question - tutors are online