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Administrative Law

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by

Margaret Kwoka

on 30 March 2015

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Transcript of Administrative Law

Make a Rule
Adjudicate
Administrative Law
Due Process Challenges
Liberty/Property Interest?
Pre-deprivation hearing required?
Other hearing attributes required?
APA Challenges
Formal Adjudication
(or Formal Rulemaking)
Formal or Informal?
ALJ or Agency takes evidence
Morgan
Pathways (557(b))
Ex Parte Contacts (557(d))
Separation of Functions (554(d))
Decisional document (557(c))
Miscellaneous
Failure to follow agency precedent
Should have been done in a rulemaking
Informal Adjudication
APA 555 & 558
Process provided by statue or agency regulation
Legal Interpretations
De Novo
Chevron
Skidmore
Auer
Only if applies to one/few individuals
Agency Action
Did the agency follow the right process?
Did the agency come to a permissible result?
Did the agency have the power to act?
Can the potential plaintiff bring a suit?
Exercises of Discretion
Abuse of discretion
"Hard look"
Facts Found
Arbitrary and capricious
Substantial evidence
Only if Formal Rulemaking
Notice and Comment
Notice
Logical Outgrowth
Portland Cement
Ex Parte Communications (statutory record requirement)
Bias/Prejudgment (unalterably closed mind)
Decisional document (553(c))
CBA
Exemptions
Miscellaneous
Retroactivity
Vermont Yankee
Denial of a petition
Denial of a waiver
Interpretive Rules
Policy Statements
Procedural Rules
Good Cause
Exemptions from effective date
Constitutional Statutory Authority
Statute does not violate non-delegation
Statute complies with bicameralism and presentment
Constitutional Agency Officials
Appointment
Removal
[FOIA]
Unreviewability
Inaction & Delay
Timing of suit
(Standing)
Congressional influence
Bias, Prejudgment, Animus
Other DP Considerations
(Except 554(d) Separation of Functions)
Full transcript