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Administrative Law Notes

Administrative law regulates the activities of governmental agencies responsible for enforcing legislation, outlining their powers and accountability mechanisms. It encompasses various sources, including constitutional, statutory, and common law, and details procedures for rulemaking, adjudication, and investigation. Key principles include the rule of law, due process, and transparency, while also addressing critiques related to separation of powers and regulatory capture.

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Administrative Law Notes

Administrative law regulates the activities of governmental agencies responsible for enforcing legislation, outlining their powers and accountability mechanisms. It encompasses various sources, including constitutional, statutory, and common law, and details procedures for rulemaking, adjudication, and investigation. Key principles include the rule of law, due process, and transparency, while also addressing critiques related to separation of powers and regulatory capture.

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singomillionaire
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We take content rights seriously. If you suspect this is your content, claim it here.
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Administrative Law Notes

Core Concepts of Administrative Law


Administrative law governs the activities and procedures of administrative agencies -
governmental bodies responsible for implementing and enforcing legislation. It addresses
how these agencies exercise power and provides mechanisms for accountability.

Sources of Administrative Law


1. Constitutional Law: Establishes the fundamental framework for administrative
agencies
2. Statutory Law: Created by legislatures to establish agencies and delegate authority
3. Common Law: Judicial decisions establishing precedents in administrative contexts
4. Administrative Rules and Regulations: Promulgated by agencies themselves

Delegation of Authority
Legislative Delegation

 Legislative bodies delegate rulemaking authority to specialized administrative


agencies
 Delegation must include intelligible principles or guidelines
 The "non-delegation doctrine" limits excessive transfer of legislative power

Sub-delegation

 When agencies further delegate authority internally or to other entities


 Must be authorized explicitly or implicitly by the enabling statute

Agency Powers
Rulemaking

 Quasi-legislative power: Agencies create regulations with legal effect


 Notice and Comment: Standard procedure requiring:
1. Public notice of proposed rule
2. Comment period for stakeholders
3. Agency consideration of feedback
4. Publication of final rule with explanatory statement

Adjudication

 Quasi-judicial power: Agencies resolve disputes through administrative proceedings


 Administrative judges or hearing officers preside
 Less formal than court proceedings but must respect due process
 Results in binding decisions that can be appealed

Investigation

 Information gathering through:


o Inspections
o Subpoenas
o Mandatory reporting requirements
o Audits

Administrative Procedure
Formal vs. Informal Procedures

Formal Procedures:

 Trial-like hearings
 Evidence rules apply
 Cross-examination permitted
 Official record maintained

Informal Procedures:

 More flexible processes


 Limited procedural requirements
 Often used for routine matters

Procedural Requirements

 Notice to affected parties


 Opportunity to be heard
 Impartial decision-maker
 Decisions based on evidence and reasoning

Judicial Review of Administrative Actions


Availability of Review

 Presumption of reviewability for agency actions


 Exceptions:
o Statutory preclusion
o Actions committed to agency discretion
o Political questions

Standing Requirements

 Injury in fact
 Causation
 Redressability
 Zone of interests test

Timing Issues

 Ripeness: Whether issue is ready for review


 Exhaustion of administrative remedies
 Finality of agency action

Standards of Review

1. Substantial Evidence: For factual determinations, requires evidence a reasonable


mind might accept as adequate
2. Arbitrary and Capricious: For policy judgments and informal proceedings
3. De Novo: For questions of law (though often with deference)
4. Abuse of Discretion: For actions within agency discretion

Deference Doctrines

1. Chevron Deference: Courts defer to reasonable agency interpretations of ambiguous


statutes they administer
2. Skidmore Deference: Agency interpretations receive respect proportional to their
persuasiveness
3. Auer/Seminole Rock Deference: Deference to agency interpretations of their own
regulations

Agency Accountability
Political Controls

 Executive oversight
 Legislative oversight and appropriations
 Appointment and removal powers

Procedural Controls

 Public participation requirements


 Transparency obligations
 Reasoned decision-making standards

Judicial Controls

 Judicial review of agency actions


 Remedies for unlawful agency conduct

Administrative Discretion
Types of Discretion
 Interpretive discretion (statutory interpretation)
 Policy discretion (setting priorities)
 Enforcement discretion (choosing when to enforce)

Limits on Discretion

 Statutory constraints
 Constitutional boundaries
 Self-imposed limitations
 Judicial doctrines

Open Government Requirements


Freedom of Information

 Public right to access agency records


 Exemptions for sensitive information
 Procedural requirements for requests

Open Meetings

 Requirements for public access to agency deliberations


 Notice of meetings
 Limited exceptions for confidential matters

Administrative State Critiques


Separation of Powers Concerns

 Concentration of legislative, executive, and judicial powers


 Questions about constitutional legitimacy

Democratic Accountability

 Distance from elected officials


 Technical expertise vs. democratic control

Regulatory Capture

 Agency identification with regulated industry


 Influence of special interests

Key Administrative Law Principles


1. Rule of Law: Agencies must follow established legal standards
2. Due Process: Fair procedures in agency actions affecting rights
3. Reasoned Decision-making: Logical explanations for agency choices
4. Non-arbitrariness: Decisions must not be capricious or inconsistent
5. Transparency: Open processes and accessible information
6. Efficiency: Balancing thoroughness with practical administration

Administrative Enforcement
Enforcement Tools

 Citations and warnings


 Administrative penalties
 Cease and desist orders
 License revocation
 Settlements and consent decrees

Enforcement Discretion

 Priority-setting
 Case selection
 Remedy determination

Administrative Ethics
Ethical Standards

 Conflict of interest rules


 Ex parte communication prohibitions
 Recusal requirements

Whistleblower Protections

 Safeguards for employees reporting violations


 Retaliation prohibitions

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