slides12 - Rule Making v Adjudication Rule making is like the legislature You get participation through notice and comment No individual right to

slides12 - Rule Making v Adjudication Rule making is like...

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Rule Making v. Adjudication Rule making is like the legislature You get participation through notice and comment No individual right to participation Thus it is critical to determine whether an agency action is an adjudication or a rule making
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Is it an Adjudication or Rulemaking? If the agency is not determining facts in individual cases, there is no individual right to a hearing Do you get a hearing if you do not like a law passed by the legislature? What are your remedies for statutes you do not like?
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Londoner v. Denver What did the city do that lead to the case? What was the procedure for determining the charge? Did it depend on a standard rule? Was there a hearing at any point in the charge setting process? Why did the court find that this was an adjudication rather than a rulemaking? Do you think it mattered what kind of property it was?
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Bi-Metallic Investment Co. v. State Board of Equalization How is this case different from Londoner? What did the plaintiff want? Rulemaking or adjudication and why? Any right to a hearing? Think back to Constitutional law - do taxpayers ever get a hearing to contest tax RATES as opposed to individual assessments?
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Southern Railroad v. Virginia, 290 US 190 (1933) Highway commissioner ordered railroad to eliminate some grade crossings Railroad argued that they were entitled to a hearing What sort of proceeding was this? Were there standards to limit discretion? Was there a record explaining the decisions? Could this have been cured with rules/standards?
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§ 551. Definitions - Rules (4) 'rule' means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices bearing on any of the foregoing;
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§ 551. Definitions - Rules v. Adjudications (5) 'rule making' means agency process for formulating, amending,
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  • Fall '12
  • Griffin
  • Supreme Court of the United States, United States administrative law, formal adjudications

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