exam 2 Flashcards
What is a Substantive Rule?
A legally binding rule with the force of law that affects rights/obligations. Must go through formal or informal rulemaking under the APA.
What is Formal Rulemaking?
A trial-like process required when Congress specifies rules must be made “on the record after a hearing.” Includes cross-examination and oral testimony.
What was the ruling in U.S. v. Florida East Coast Railway (1973)?
Formal rulemaking is only required when Congress explicitly mandates it; informal notice-and-comment procedures are otherwise sufficient.
What is the significance of Citizens to Preserve Overton Park v. Volpe (1971)?
Courts can review agency decisions for being arbitrary/capricious even under informal procedures—emphasized the “hard look” doctrine.
What is Due Process in administrative law?
The right to fair legal procedures, including notice and an opportunity to be heard, before life, liberty, or property is taken.
What does due process mean?
Given proper notification of hearing
Given a chance to present evidence
Allowed to cross examination
Access to counsel
A decision based on the exclusive record
What is the Exclusive Record Rule?
Agency decisions must be based only on the evidence in the official hearing record to prevent bias or external influence.
What happened in Bi-Metallic Investment Co. v. State Board of Equalization (1915)?
No hearing required for broad, general policy decisions affecting many people; individual hearings only needed when individual rights are impacted.
What is an Administrative Law Judge (ALJ)?
Executive branch officials who preside over agency hearings. They make judicial-like decisions in disputes between agencies and individuals.
What is Standing in administrative law?
The legal right to bring a case—plaintiff must show a specific injury and be within the “zone of interests” protected by the statute.
What was decided in Vermont Yankee Nuclear Power Corp. v. NRDC (1978)?
Courts cannot impose extra procedural requirements on agencies beyond what the APA requires; agencies set their own rules unless law dictates otherwise.
What was the significance of Goldberg v. Kelly (1970)?
Welfare recipients must get a full hearing before benefits are terminated; benefits are a right, not just a privilege—due process required.
What was ruled in Heckler v. Chaney (1985)?
Agency decisions not to act (e.g., not enforcing laws) are generally not reviewable by courts; agencies have enforcement discretion.
What is the Deference Doctrine?
Courts should defer to agency expertise and interpretations of their own statutes and rules unless clearly unreasonable.
What is the Hard Look Doctrine?
Courts should closely examine agency decisions to ensure they are reasoned and not arbitrary or capricious.
What is the Substantial Evidence Rule?
An agency decision must be supported by evidence a reasonable person would accept as adequate—even if others disagree.
