What type of administrative action is involved?

Question 1

Which of the major categories of administrative action can be involved?

Answer 1

IL
Contested Case
Non-contested Case
Rulemaking

Question 2

What is a contested case?

Answer 2

An adjudicatory proceeding (not including ratemaking, rulemaking, or quasi-legislative, informational, or similar proceedings) in which the individual legal rights, duties, or privileges of a party are required by law to be determined by an agency only after an opportunity for a hearing.

Question 3

What are the four minimum procedural safeguards for a contested case?

Answer 3

1. The right to present evidence
2. Knowledge of opposing evidence
3. The opportunity to test and rebut opposing evidence
4. The decision must be based solely on evidence produced at the hearing

Question 4

What is the scope for a contested case?

Answer 4

Generally applies to all agencies, therefore both STATE and LOCAL govt’l bodies must follow the IAPA hearing and rulemaking procedures.

Question 5

What is a rulemaking case?

Answer 5

Rule is defined as “each agency statement of general applicability that implements, applies, interprets, or prescribes law or policy, including amendments or repeals.

Question 6

What are exceptions to the rules definition in rulemaking?

Answer 6

1. statements concerning only the internal management of an agency and not affecting private rights or procedures available to persons or entities outside the agency
2. Declaratory ruling issued by an agency with respect to a specific set of facts and intended only to apply to those facts
3. Intra-agency memoranda
4. The prescription of standardized forms
5. Docs prepared or filed or actions taken by the legislative reference Bureau to codify statutes in accordance with 25 ILCS 135/5.04

Question 7

What are the plausible grounds for judicial review?

Answer 7

1. Constitutional Review
2. Jurisdictional review
3. Procedural review
4. Merits review (factual/substantive review)

Question 8

What are the proper scopes of review?

Answer 8

Proper scope of review and level of deference accorded to the bureaucratic decision depend upon which of the four grounds for judicial review is involved.

Question 9

What is the proper scope and deference for constitutional review?

Answer 9

Scope is substituted judgment, and court give de novo (no) deference

Question 10

What is the proper scope and deference for jurisdictional review?

Answer 10

Scope is substituted judgment, and court give some deference

Question 11

What is the proper scope and deference for procedural review?

Answer 11

Scope is substituted judgment, and court give no deference

Question 12

What is the proper scope and deference for Merits review for a contested case?

Answer 12

Substantial evidence test

Question 13

What is the substantial evidence test?

Answer 13

Ask: is it reasonable in light of the whole record. Applies to finding of fact only

Question 14

What is the proper scope and deference for Merits review for a rulemaking & other agency action case?

Answer 14

Scope of review is looking for an abuse of discretion, level of deference is very high, looking for rules that are arbitrary and capricious.

Question 15

What is substantial evidence?

Answer 15

substantial evidence to support a factual finding consists of more than a mere scintilla, but may be less than a preponderance of evidence such that a reasoning mind would conclude that the evidence was sufficient to support a particular conclusion

Question 16

What must you consider for an abuse of discretion claim?

Answer 16

1. Did agency consider any irrelevant factors?
2. Did agency fail to consider any relevant factors?
3. Did agency fail to plausibly explain any apparent inconsistency?

Question 17

What is the general principles governing judicial review regarding agency discretion?

Answer 17

Courts will never exercise discretion that the legislature has lawfully vested in agency. Thus if reviewing court finds agency action illegal, court will remand back to the agency to try again.

Question 18

What is the general principles governing judicial review regarding lawfulness of agency action judged by actual chain of reasoning of decisionmaker?

Answer 18

Unlike rational basis review of legislation, administrative action will not be upheld merely because you can conceive of some adequate justification of the decision

• Reasons actually relied on by agency itself must support the decision.
• Agency must explain for its decision

Question 19

What is the general principles governing judicial review regarding Action Unreasonably Delayed?

Answer 19

Under IL law, delay rendering an administrative decision will NOT constitute error where there has been no material change in conditions during such delay.
*Must be a preservation of issues

Question 20

What is the general principles governing judicial review regarding Appeal of judicial review?

Answer 20

In a contested case or rule making, the appellate courts review the decision of the agency, NOT the circuit court.