Administrative Law

Question 1

Contested Case

Answer 1

Proceeding where individual legal RIGHT, DUTIES, OR PRIVILEGES are required by law an opp for hearing
4 safeguards: (1) Present evidence; (2) Knowledge of opposing evidence; (3) Rebut/cross evidence; (4) decision based solely on evidence produced at the hearing

Question 2

Rulemaking

Answer 2

Agency statement of general applicability that implements policy

Question 3

Grounds for Judicial Review (court review to set aside agency action)

Answer 3

(1) Constitutional - substituted judgment and no deference
(2) Jurisdictional - substituted judgment and some deference
(3) Procedural - substituted judgment and no deference
(4) Merits - Contested case: substantial evidence that is reasonable in light of the whole record; Rulemaking - arbitrary and capricious (abuse of discretion)
* *Note: courts only defer (yield) to agency decision if it has expertise

Question 4

Scopes of Review for Merits Cases

Answer 4

(1) Substantial evidence - supports a factual finding of more than a mere scintilla but less than preponderance
(2) Abuse of Discretion/Arbitrary - considering irrelevant factors, failing to consider relevant factors, fail to plausibly explain inconsistency

Question 5

Procedural Due Process in Contested Cases (rights duties or privileges)

Answer 5

(1) No ex parte communications that is not on the record
(2) No prejudgment of facts or opinions; must be fair and honest or else voidable
(3) Standard of Proof - preponderance
*NOTE: for non-contested cases, no mandated PDP (discretionary)
Process due is 3 factor balancing: (1) harm to party; (2) government’s interest; (3) utility

Question 6

Procedural Due Process for Rulemaking (notice and comment)

Answer 6

(1) Timing - must wait 45 days to adopt rule after notice published
(2) Content - notice must include text, description of issues, time place and manner for public comment (agency considers comments)
(3) Hearing - must be held if it would facilitate comment or enough requests to have a hearing
(4) Filing - rule must be made effective w/in 1 year of first notice
* EMERGENCY EXCEPTION: valid for 150 days and no more than 1 in 2 year period

Question 7

Illinois Open Meetings Law

Answer 7

Public notice of and access to meetings of public bodies of a quorum is present
Only closed if confidential subjects discussed - in which state must vote at an open meeting

Question 8

Commencing Action in Circuit Court (must use agency procedures prior to seeking court intervention)

Answer 8

(1) File complaint and summons w/in 35 days from date of decision (personally delivered to or deposited in the mail) naming heads of agencies or agency itself