Shared Flashcard Set

Details

Administrative Law (Admin Law)
Taught by Levin
98
Law
Professional
12/14/2009

Additional Law Flashcards

 


 

Cards

Term
Rule making vs. adjudication - it may be adjudication if there are a limited number of people involved.
Definition
Londoner v. Denver - tax lines
Term
Even if only 1 party is effected, it may still be rulemaking rather than adjudication.
Definition
Anaconda Co. v. Rucklshaus - environmental rule.
Term
It may be rulemaking if it is a policy determination - no facts involved
Definition
Bi-metallic investment co. v. State board of equaliation - gov't raised taxes a certain amount in a pre-defined geographic area.
Term
Policies = rulemaking, facts = adjucation.
Definition
US v. Fl. E. Coast Ry.
Term
If there i sno effort to single out a particular plaintiff for special consideration based on peculiar circumstances, it may be rulemaing.
Definition
Florida E. coast Ry.
Term
For issues of fact, use the "substantial evidence" test.
Definition
Universal Camera Corp
Term
What does substantial evidence mean?
Definition
More than a mere scintilla - such relevant evidence as a reasonable mind might accept as adequate. Similar to the test applied when reviewing a jury decision.
Term
In applying the substantial evidence test, look at the entirety fo the record, not just supporting bits.
Definition
Universal camera corp.
Term
In reviewing for substantial evidence, if the agency head overturned the ALJ, that's a 'minus"
Definition
Aylett v. Secretary of HUD
Term
Interpretations that don't have the force of law are entitled to Skidmore deference only.
Definition
Christensen v. Harris County.
Term
What is Skidmore deference
Definition
means that the decision is entitled to respect, not full blown Chevron deference.
Term
A decision may be raised to chevron deference if Congress could have expected the agency to speak with the force of law on that issue
Definition
US v. Mead Corp.
Term
Reviewing adjudication - apply the arbitrary & Capricious test
Definition
Citizens to Preserve Overton Park v. Volpe
Term
Rulemaking decisions should be reviewed with the A&C test
Definition
Motor Vehicle Manuf. Ass'n v. State Farm
Term
What does A&C Mean
Definition
There must be a satisfactory explanation including a "rational connection between the facts found and the choice made." Examining for clear error in judgment.
Term
Statutory preclusion - there is a strong presumption against it, but it can happen if there is specific language or obvious legislative history.
Definition
Bowen v. Michigan Academy of Family Physicians
Term
An action is "committed to agency discretion", and is thus unreviewable, when there is no guideline for the agency to follow in enforcement.
Definition
Heckler v. Chaney
Term
Circumventing committed to agency discretion
Definition
challenge fact findings, or challenge on constitutional grounds via Webster v. Doe.
Term
An agency will be held accountable for inaction pursuant to 706(1) when it fails to take a DISCRETE action that it is REQUIRED to take.
Definition
Norton v. SUWA
Term
In action is a very hard burden to overcome - courts are pretty deferential to the agency's decision not to expend resources in a given way.
Definition
Heckler v. Chaney
Term
In order to have standing, you must have three criterion
Definition
Injury, causation, redressability. Lujan v. Defenders of Wildlife
Term
Associational standing
Definition
Hunt v. Washington State Apple advertising commission - one or more of the members has standing, interests the associations seeks to protect are germane to the purpose, and the claim nor relief require the individual's participation.
Term
Zone of interests
Definition
ADPSO v. Camp
Term
An agency decision must be final. What does that mean
Definition
definitive statement of position, and having a direct and/or immediate effect on day to day operations. FTC v. SOCAL
Term
Finality can be waived if there is risk of substantial harm
Definition
The DDT cases.
Term
There must be an exhaustion of administrative remedies
Definition
Portela-Conzalez v. Secretary of Navy
Term
3 exceptions to exhaustion of remedies
Definition
McCarthy v. Madigan - When delay threatens to prejudice future action (irreparable harm), if there is substantial doubt the agency can grant redress, if there is objectively verifiable proof of agency taint.
Term
Two issues to be considered for ripeness
Definition
Abbott laboratories v. Gardner - fitness of issues for judicial decision, hardship to the parties of witholding court consideration
Term
Ripeness - courts have a preference for immediate reviewability of rules that have legal force
Definition
Cement Kiln Recycling v. EPA
Term
"property" and 'liberties" protected by the 14th amendment should be liberally construed
Definition
Board of Regents v. Roth
Term
In order for a liberty to be implicated...
Definition
there must be some lasting effect on the P. Roth
Term
In order for property to be implicated...
Definition
there must be more than a unilateral expectation to the property - there must be a legit claim to it. Roth.
Term
A property interest must have some monetary value
Definition
Town of Castle Rock v. Gonzales
Term
There is no property or liberty interest in police protection
Definition
Town of Castle Rock v. Gonzales
Term
A statute can create a property interest
Definition
Board of Education v. Loudermill
Term
State difference in liberty/property interests
Definition
There is no Roth Rule, and discretionary termination can trigger a due process hearing.
Term
Due process for deprivation of a protected interest can be met with less than a full hearing, subject to 3 criterion
Definition
Mathews v. Eldridge - Private interest in losing the benefit, risk of a false termination, burden on the public of increasing process, including cost of pre-termination hearings.
Term
There is NEVER a right to a hearing unless there is a relevant issue of material fact
Definition
CN. Dept. of public safety v. doe
Term
Mathews analysis applies to elements of a hearing
Definition
Ingraham v. Wright - paddled children sought additional procedural safeguards; they were not granted
Term
Actions which do not cause lasting harm will be left to solve via tort, rather than judicial review
Definition
Parratt v. Taylor (destruction of prisoner property)
Term
Due Process doesn't require a hearing in situations of contract breach
Definition
Lujan v. G&G Fire sprinklers
Term
The critical phrase to trigger formal adjudication under the APA is...
Definition
"formal adjudication" - Dominion energy, otherwise grant Chevron deference.
Term
States and formal adjudcation
Definition
They usually grant ful review - Metsch v. University of Florida
Term
An agency may deny adjudcation if there exists a rule that directly addreses the issue that would be present in adjudication
Definition
Heckler v. Campbell
Term
Workaround if a rule pre-empts adjudication
Definition
challenge the rule as A&C - Sullivan v. Zebley
Term
Personal responsibility in adjudication
Definition
The one who decides must hear. Morgan v. United States
Term
Ex parte contacts in adjudication
Definition
557(d) prohibits such contacts relevant to the merits of the proceeding between the decision maker and an interested party.
Term
Ex parte contacts are bad even if the APA doesn't apply
Definition
Idaho Historic Preservation Council
Term
Ex Parte contacts should be liberally construed to protect appearance of impropriety
Definition
PATCO v. FLRA
Term
In ex parte contacts, the president is always an interested party
Definition
Portland Audubon Socity v. Endangered Species committee
Term
When is political oversight in adjudication bad?
Definition
when it focuses on the decisional processes of a commissioner in a case which is pending before it. Pillsbury v. FTC
Term
Courts have been reluctant to apply political oversight in adjudication bad b/c....
Definition
The legislator already has plenty of ways to mess with the agency if they want. DCP Farms v. Yeutter.
Term
There must be separation fo functions between adversary and adjudicator, and ex parte contacts between teh groups is bad.
Definition
Department of Alcoholic Beverage Control v. Quantanar
Term
Exceptions to the separation of functions rule
Definition
Communications re: uncontroversial procedural matters, and a decision maker can receive advise from a NONADVERSARIAL personnel
Term
554(d)(1) prevents the ALJ from hearing advice on factual issues from ANY staff member.
Definition
Butz v. Economou
Term
Bias in adjudication test...
Definition
If a disinterested observer may conclude that there was some prejudgment. Cinderella Career and Finishing Schools v. FTC
Term
The Courts may hold an entire agency from hearing a case if there is systemic bias
Definition
Gibson v. Berryhill
Term
Discovery - agencies need a basis other than the APA to compel production of information.
Definition
Craib v. Bulmash
Term
Parties may be forced to comply with an information request if there is a decreased expectation of privacy for them.
Definition
New York v. Burger
Term
Collective Entity Rule
Definition
No 5th amendment protection for corporations, or for people in corporations. Braswell v. United States
Term
There is no 5th amendment privilege if the documents are mandatory.
Definition
Shapiro v. US
Term
There are requirements for agencies to explain their reasons
Definition
Ship Creek
Term
For rationale, a summary of evidence is sufficient
Definition
AT&T Wireles v. City Council of VA Beach
Term
Post Hoc justification is insufficient
Definition
SEC v. Chenery Corp.
Term
Equitable estoppel
Definition
Foote's Dixie Dandy, Inc. v. McHenry
Term
When it notice adquate?
Definition
If the final rule is a logical outgrowth of the original notice. Chocolate Manuf. Ass'n v. Block
Term
As long as the issue is in the original notice, it may be sufficient for final notice
Definition
Long Island Care at Home v. Coke
Term
Hybrid Rulemaking - the court cannot require anything more than bare minimum of APA
Definition
Vermont Yankee
Term
Role of Agency head in rulemaking -
Definition
agency head must understand contents of material to make an informed decision. Mass. State Pharma Ass'n
Term
Ex Parte contacts are perfectly ok, so long as they're docketed.
Definition
Sierra Club v. Costle
Term
Standard for bias in rulemaking
Definition
unalterably closed mind - Ass'n of Nat'l Advertisers v. FTC
Term
Findings and reasons in rulemaking
Definition
There must be a "concise general statement" of basis and purpose.
Term
Regulatory analysis
Definition
is usually not deeply questioned, but it does happen - corrosion proof fittings v. EPA
Term
Good cause exemption to notice and comment
Definition
553(b) - health and safety concerns - Jifry v. FAA
Term
Good Cause exemption - standard method
Definition
Direct final rulemaking - agency publishes rule, and it goes into effect as long as there are no negative comments
Term
Exempted subject matter - agency management
Definition
APA 553(a)(2) - doesn't apply to rules that have a substantial effect on people outside the gov't - Tunik v. MSPB
Term
Exempted
Definition
Term
Exempt subject matter - military
Definition
Doesn't apply to military contractors - Independent Guard Ass'n v. O'Leary
Term
Legislative vs. Non-legislative rule
Definition
Legislative rules are binding on private persons, the agency and courts. Non legislative can have a constraining effect, but aren't BINDING.
Term
Policy statement - starting point
Definition
the agency characterization of the rule - Professionals and patients for customized care v. Shalala
Term
Factors for policy statement determination
Definition
Agency characterization, binding effect (both in theory and practically), and degree of discretion allowed agency.
Term
Interpretive Rules are exempted - non-interpretive rules include things that are consistent, but not derived from, the statute
Definition
Hoctor v. US Department of Agriculture (the fence case)
Term
There isn't much required rulemaking
Definition
NLRB v. Bell Aerospace
Term
Unfair retroactivity?
Definition
Whether the case is one of first impression, whether there is an abrupt departure, extent of reliance on prior law, degree of burden imposed on party, statutory interest in applying the new rule. Retail, Wholesale & Dept. store union v. NLRB
Term
Petition - response
Definition
A response must be grounded in authorizing statute - Mass v. EPA
Term
Petition response -how permissive are the courts?
Definition
Very - NRDC v. SEC.
Term
Waiver denial
Definition
The agency must state a rationale responding to the waiver in some way. Wait v. FCC
Term
The court can examine a denial - they cannot be an abuse of discretion
Definition
Alizoti v. Gonzales
Term
Waivers in the states
Definition
Iowa waiver applicants must show by "clear and convincing evidence" that the waiver would not "prejudice the substantial legal rights" of anyone.
Term
Non-delegation standard
Definition
intellgible principle - Whitman v. American Trucking
Term
Court response to non-delegation
Definition
Narrowly construe to save the statute - AFLCIO v. American Petroleum Institute
Term
One House Veto bad
Definition
INS v. Chadha
Term
The Legislature cannot appoint the heads of executive agencies
Definition
Buckley v. Valeo
Term
Inferior officers can be appointed by Courts or heads of departments. Who are inferior officers?
Definition
those whose work is directed and supervised at some level by others who are appointed by presidential nomination. Edmond v. United States
Term
Special Courts created by statute can appoint inferior officers
Definition
Freytag v. Commissioner
Term
The president may not fire an agency head without cause
Definition
Humphrey's Executor v. United States
Term
The executuve may fire whoever they want, to the degree the president's inability to remove would interfere with their ability to operate
Definition
Morrison v. Olsen
Term
If an official has legislative functions, it may NOT be removed by the legislature.
Definition
Bowsher v. Synar
Supporting users have an ad free experience!