Administrative Law and Procedure Flashcards
Where do agencies get their power from?
They are under the control of the President’s appointees, but they received funding and authority from Congress; their authority explicitly comes from an enabling statute
What led to the growth of federal agencies?
Expanded government authority in times of war or crisis has led to the need for expertise and delegation
What two aspects of agencies does the Administrative Procedures Act cover, and what does it generally stipulate?
Rulemaking: lays out the basic procedural requirements, including the need for public comment
Adjudication: minimum requirements for hearing cases (prior notice, opportunity to submit facts and arguments, issuance of preliminary and final decisions)
Using the SSA, explain how agencies are comprised of all three branches’ authority?
Legislative - create its own specific regulations for how general legislative criteria for eligibility are met
Executive - issues decisions for awarding and removal of benefits based upon its rules
Judiciary - adjudication occurs within the SSA and courts largely defer to agency decisions
What are the limits of the authority Congress can delegate to agencies?
It cannot delegate its legislative power to another Branch, and Congress must provide “an intelligible principle” for direction in the exercise of delegated authority
On what grounds did a court throw out the FCC’s fines for indecency during the 2004 Super Bowl?
The court held that the agency was arbitrary and capricious, and the fine was unsupported by any evidence of willful or repeated violations
What prompted Bring v. North Carolina State Bar?
A lawyer from CA moved to NC and wished to sit for the bar exam. Her law school, New College, was not ABA accredited, which meant she was not allowed to sit for the exam in NC despite having already practiced law in CA.
How did the majority rule in Bring v. North Carolina State Bar?
Does the legislation violate the rule that the GA cannot delegate its power to legislate? No, the statute’s goals and policies alongside its procedural requirements are sufficient.
There is a need for expertise, which is provided by the Board.
The statute requires the approval of the Bar Council and the Court, thus there are sufficient safeguards in place.
The specific rulemaking procedures were proper since they followed the specific NC statute, even if they did not follow APA requirements.
What is the process of formal rulemaking?
Publish the rule in the federal register, hold a public hearing, request evidence, issue an initial decision that can be reviewed, and give interested parties the opportunity to challenge for 90 days following the final decision.
How does informal and hybrid rulemaking differ from formal rulemaking?
It does not require an elaborate hearing process. Information must be published with an opportunity for public comment (typically 30 days before the effective date). The agency must then incorporate a concise statement of basis and purpose.
What is negotiated rulemaking?
A neutral party is asked to convene an advisory committee to develop a proposed rule subject to public comment. If a consensus cannot be met, the agency follows the normal process.
What power do agencies have to obtain information?
Statutes require many individuals to supply information to specific agencies. In addition, agencies can have subpoena powers to compel testimony or provision of documents
What does the likelihood of a court overturning an agency decision depend upon?
Scope of Review - what facts have been presented, what are the agency’s views about conflicting yet plausible facts (court will not substitute its opinion); the court will only intervene when the decision falls outside of these boundaries
What prompted Frankel v. Board of County Commissioners of Teton County?
Appellant Sheldon Frankel was denied an application for a grading and erosion control permit. Frankel argued that the board relied upon inappropriate testimony, there was no substantial evidence to support their finding, and due process was violated.
What did the court find in Frankel v. Board of County Commissioners of Teton County?
They held that the hearing was not conducted correctly and the record was incomplete and sketchy, meaning the court could not conduct a meaningful review. The case was remanded back to the commission to hold an appropriate hearing.
