US is Strict Due to Procedures of WA’s Rules and Adjudications

Question 1

US

Answer 1

US State Judicial

(1) US +WA; Gunwall analysis: WA affords higher
(2) State action = implicate constitutional rights or admin law claim
(3) Judicial review = standing: redressable injury, ripe and not moot: current controversy, exhausted all remedies

Question 2

Strict

Answer 2

Strict Rational

(1) Strict = reg: necessary to promote a compelling gov. interest, least restrictive means available; BP: government
(2) Rational = reg: rationally related to a legitimate gov. interest; BP: aggrieved party

Question 3

Due

Answer 3

Due Substantive Fundamental

(1) Due Process = life, liberty, and property interests!: deprived w/o due process of law
(2) Substantive = deprivation of fundamental right: strict scrutiny
(3) Fundamental = 1st, voting, interstate travel, certain privacy rights

Question 4

Procedural

Answer 4

Procedural Pre

(1) Procedural = notice, opportunity to be heard, fairness: a government adjudicates life, liberty, or property interest
(2) Pre deprivation = Matthews v. Eldridge: balancing tests: permitted when admin burden outweighs risk of erroneous deprivation

Question 5

WA

Answer 5

WA Ultra Fairness

(1) WA APA = rule making (prospective ) + adjudication (retrospective): public benefit interest
(2) Ultra vires != outside granting authority
(2) Fairness = higher standard of appearance of fairness

Question 6

Rule

Answer 6

Rule Opportunity Petition

(1) Rule = 20 days advance notice, description, changes, reasons, input procedure; Emergency: public health/welfacer, compliance: 7 days to petition gov.: 120 day sunset
(2) Opportunity = written comments, open hearing, substantive summary
(3) Petition = adopt/repeal/amend; review in 60 days: denial w/reason or reopen

Question 7

Adjudications

Answer 7

Adjudications Opportunity Entry

(1) Adjudications = 90 days approve/deny w/reason; 30 day limit for omissions; 7 days notice
(2) Opportunity: relaxed standards, submit facts, petitions, cross examine, enter evidence; relaxed standard of civ and evid; credible hearsay, testify under oath
(3) Entry = reasoned conclusion: 10 days to reconsider/stay; 20 days from reconsider petition: constitutes denial