Administrative Law

• 1. Constitution does not mention them.
• 2. Admin Agencies combine executive and judicial powers = thus powers are not seperate

• 1. Enabling law
• 2. Administrative Procedure Act
• 3. Constitution

Ultra Vires - Agencies must act w/in the scope of their enabling legislation.  Like can a car seat regulator suddenly regulates air bags - Void as an Ultra Vires Act

• Constitution requires the legislation to provide:
• 1. Adequate safe guards
• 2. Define the subject matter
• 3. Intelligible princilpe - when the power can be used

• 1. Investigation
• 2. Rule Making
• 3. Adjudication (enforcement)

May impose civil, but NOT criminal penalties

• Subpeona Power: Must be authorized in the law, there is no APA rule
• 2. Must be contstitutional (reasonable) in that it can't be:
• a. Vague
• b. Irrelevant
• c. Unduly burdensome

Must have a warrant that defines the scope of the search and must have a reasonable basis (not probable cause) for the search

• 1. Consent
• 2. Emergency (fire fighting)
• 3. Plain view
• 4. Authorized by statute: heavily regulated commercial activity can have warrentless searches.  Need to give notice and scope of search

If statute calls for formal rule making then it requires a trial type hearing

• Requires:
• 1. Adequate Notice: Authority, Time, Place, and Nature of Proceeding
• 2. Opportunity for comment
• 3. Publication of final rule (state register)
• 4. Cant have unalterable cllosed minds

If it is informal and all requirements are met, but the rule only effects a small amount of people - Argue Due Process and seek a formal oral hearing

• 1. Proper and necessary parties
• 2. Impartial decision maker
• 3. Based on preponderance of the evidence
• 4. Procedurally Sufficient

• Not bound by formal rules of evidence. 
• Hearsay is ok if reliable
• Ex Parte communication must be on the record
• Official Notice - Lesser than Judicial Notice

• 1. Right to have counsel present
• 2. Right to discovery
• 3. Oral Argument
• 4. Cross Examination

• If the action has to do with life, liberty, or property interest, argue due process, balancing test:
• State Interest v. Private Interest v. risk of error

• 1. Standing
• 2. Exhaustion of Remedies
• 3. Ripeness
• 4. Finality

• Requires:
• 1. Injury in Fact: Causation, redressability
• 2. Zone of Interest: like torts, foreseeability - party legislature intended to be affected by the law

The standard is "Arbitrary and Capricious" - Does the agency have a rational basis for its rule

Standard is: "Substantial Evidence based on the record" - Could a reasonably prudent reviewer by reading the record reach the same result

• 1. Courts are very deferential to the agencies fact finding.
• 2. Court will defer to the Admin interpretation of an ambiguos law.
• 3. If statutory language is clear, court will not defer to Admin interpretation