Administrative Law Flashcards
(30 cards)
Ultra Vires Rule
Rules: Agencies must act within the scope of their enabling legislation; otherwise their actions are “ultra vires”
Agencies: Statutory Interpretation
Rule: Agencies must be REASONABLE in interpreting their statutes
*Reasonableness a response to an ultra vires allegation
Doctrine of delegation: Adequate safeguards
Rule: When the legislature delegates its power to an agency, it must provide ADEQUATE SAFEGUARDS.
It must:
- define the SUBJECT MATTER of the power (what), and
- provide an INTELLIGIBLE PRINCIPLE over when to use that power (when)
Admin Criminal Penalties
Rule: Agencies may NOT impose criminal penalties.
When may agency process be suspended?
Generally in an “emergency”
Rule: An agency’s processes may be suspended temporarily for GOOD CAUSE.
Test: ADEQUATE FACTUAL BASIS (not a rumor)
How may an agency compel information?
Through its SUBPOENA POWER or through INSPECTION/SEARCH.
Concern: 4th Amend
Requirements for an agency to issue a subpoena
- Subpoena power must be authorized by law; and
- Must be Constitutional
Constitutional if: - Not too VAGUE - Not IRRELEVANT - Not UNDULY BURDENSOME (heavy burden- challenges rarely successful)
Inspection: Warrant Requirement
Rule: A warrant IS required for agency inspections.
The warrant must define the SCOPE of the search, and the agency must have a SYSTEMATIC PLAN for the search.
Exceptions to the Agency Warrant requirement
An agency may conduct a warrantless inspection with:
- Consent
- Emergency
- Plain View
- Statutory Authorization
- Heavily Regulated industry- Rule: AN agency may conduct a warrantless search of a commercial enterprise in a heavily regulated industry if :
- –a. law authorizes
- –b. gives notice
- –c. defines scope of search
Rule-Making Requirements
When issuing new rules, an agency must:
- give ADEQUATE NOTICE (state register, authority, rule, time, place, and nature of proceedings)
- Provide an OPPORTUNITY FOR COMMENT (at least written)
- Publication of final rule at least 30 DAYS BEFORE effective date
Bias in Agency Rule Making
Rule: Rulemakers must not have unalterably closed minds.
Adjudication Requirements
- Adequate Notice
- Oral Hearing
- Decision
*Licensing is adjudicative
Adjudication: hearing requirements
The agency’s hearing must:
- Include all necessary and proper parties
- Have an impartial decision maker
- Be based on preponderance of RELIABLE evidence
- Be procedurally sufficient
Decision-maker impartiality
- Must be free from improper bias (no prejudgment or financial connection)
- Cannot be both decision-maker and witness
- Cannot both investigate and adjudicate a dispute
Requirements of an adjudicative decision
An agency must issue a final written order containing a finding of facts and law, and the reason for the decision.
Statutory notice requirement
Time and place, nature of hearing, factual and legal issues
- so that party can prepare a RESPONSE
Constitutional Due Process (admin adjudication)
Applies when a life, liberty, or property interest involved (license = property)
Apply balancing test: government interest, private interest, and risk of error
Standing Reqs for Judicial Review
- Injury in fact (causation and redressability)
2. Party within the zone of interest- is the party someone the legislature intended to be affected by the law?
When can a third party assert standing?
Third party standing:
- Injured party has difficulty asserting rights
- Close relationship b/w third party and injured party, OR
- Injured party lacks resources to sue
Associational standing
An organization has standing to sue when:
- Individual members otherwise have standing in their own right
- Interest sought to protect related to assn’s purpose, AND
- Neither the claim nor relief must require participation of individual members (injunctive/declaratory)
Exceptions to the Exhaustion Req
Rule: Parties must exhaust all administrative remedies before seeking judicial review.
Exceptions:
- Futility or bias
- Irreparable harm (rare)
- The issue adjudicated is one of Constitutional law
When is an issue RIPE for judicial review?
Rule: A matter is ripe for review only if:
- the question presented to the court is LEGAL, and
- there would be SUBSTANTIAL HARDSHIP to the petitioner if review were denied.
Finality
Rule: Courts may only review FINAL agency action.
Most likely, if not exhausted or ripe, then not final.
Standard for Judicial Review of Agency Rule-Making
Arbitrary and Capricious: The court will uphold the rule if the agency has a RATIONAL BASIS for its making.
