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Transcript of Administrative Law
Due Process Challenges
Pre-deprivation hearing required?
Other hearing attributes required?
(or Formal Rulemaking)
Formal or Informal?
ALJ or Agency takes evidence
Ex Parte Contacts (557(d))
Separation of Functions (554(d))
Decisional document (557(c))
Failure to follow agency precedent
Should have been done in a rulemaking
APA 555 & 558
Process provided by statue or agency regulation
Only if applies to one/few individuals
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
Arbitrary and capricious
Only if Formal Rulemaking
Notice and Comment
Ex Parte Communications (statutory record requirement)
Bias/Prejudgment (unalterably closed mind)
Decisional document (553(c))
Denial of a petition
Denial of a waiver
Exemptions from effective date
Constitutional Statutory Authority
Statute does not violate non-delegation
Statute complies with bicameralism and presentment
Constitutional Agency Officials
Inaction & Delay
Timing of suit
Bias, Prejudgment, Animus
Other DP Considerations
(Except 554(d) Separation of Functions)