review of agency decisions (chapter 15)

Question 1

what are the review of agency decisions?

Answer 1

1. standing to sue
2. review of rule making
3. review of adjudications
4. review of factual determinations

Question 2

to establish standing to sue, what two issues must the challenging party address?

Answer 2

reviewability and the aggrieved party

Question 3

how is reviewability addressed?

Answer 3

is the action of decision of the agency subject to judicial review?

Question 4

when is reviewability not provided?

Answer 4

1. statutes preclude judicial review OR
2. agency action is committed to agency discretion by law

Question 5

what must occur for the plaintiff to be “an aggrieved party”?

Answer 5

1. person suffered a legal wrong because of agency action OR
2. adversely affected or aggrieved by agency action

Question 6

what are the two basic issues in litigation challenging the validity of a rule made by an administrative agency? (review of rule making)

Answer 6

1. is the delegation valid?
2. has the agency exceeded authority ?

Question 7

how is the delegation considered valid?

Answer 7

if its definite and limited

Question 8

what two doctrines guide courts in the judicial review of agency adjudications?

Answer 8

1. exhaustion of remedies
2. primary jurisdiction

Question 9

what is the doctrine of exhaustion of remedies?

Answer 9

court will not review unless the aggrieved party has exhausted all of the administrative remedies and procedures available

Question 10

what is the doctrine of primary jurisdiction?

Answer 10

applies when a claim is originally filed in court and the resolution of that issue has been placed with the administrative body

Question 11

what does review of factual determinations mean?

Answer 11

court presumes that agency is correct

Question 12

what does standard mean?

Answer 12

uphold if the agency findings are supported by substantial evidence in the record

Question 13

what are the costs of administrative state?

Answer 13

1. regulation increases the cost of doing business
2. consumer pays indirectly with higher prices
3. companies create matching internal bureaucracy
4. time and expense of additional paperwork