Admin Law

  1. General APA Adjudication Requirements
    notice of action, 20 days to request hearing, 7 days notice of hearing, opportunity to examine witnesses and present evidence, cross-examine witnesses, unbiased decision-maker, receive written decision with findings of fact and conclusions of law.
  2. Appearance of Fairness
    An objective, disinterested person must be able to conclude that entire hearing process was fair and impartial. Applies only when hearing is required by law.
  3. Exhaustion of Remedies
    One is entitled to judicial review of agency action only after remedies exhausted, unless futile.
  4. APA Standing
    Any party aggrieved by agency action has standing.
  5. APA application
    APA applies to federal or state agencies, or local agencies performing state actions.
  6. Ultra Vires
    A rule may is void if it exceeds the delegated authority. However, rules adopted under legislative authority are generally presumed valid and will be upheld if the rule is reasonably consistent with the statute being implemented.
  7. APA Rulemaking
    At least 30 days before filing notice of proposed rulemaking, agency must publish in state register a statement of inquiry, identifying specific statutory authority, why rule needed and goals.

    At least 20 before rulemaking hearing, notice of proposed rule published.

    Then comments. Final rule published (no less than 30 days before effective, and rulemaking file to include summary of comments and explanation of how dealt with
  8. Delegation of Authority
    Legislature must delegate authority for agency to act, with standards by which to judge power of agency and safeguards to to avoid arbitrary action. Some minimal direction in statute or legislative history sufficient.
  9. Rule
    Any agency order or regulation of general applicability that subjects a person to penalty, affects procedures in agency hearings, relates to licenses, or mandatory standards for products.
  10. Arbitrary and Capricious
    Rule is void if not the product of a rational decision maker: no clear explanation, lacking correct factors, no reasonable process to reach decision.
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Admin Law
Admin Law