Admin Law

Front 1

ADM1. What is the overall approach to admin law?

Back 1

1) look for enabling law 2) OAPA 3) Constitution (4th/5th Amend.)

Front 2

ADM2. How are Agencies created?

Back 2

Agencies are through statutory authority by the legislature. They are limited by the statute and constitution.

Front 3

ADM3. What is Ultra Vires?

Back 3

Administrative agencies must act within the scope of their enabling legislation. (can be brought as a suit against the agency).

Front 4

ADM4. Statutory Interpretation

Back 4

Administrative agencies must be reasonable in interpreting their enabling statutes.

Front 5

ADM5. Doctrine of Delegation

Back 5

When the legislature delegates its power to admin. Agencies, it must provide adequate safeguards for the use of power. The legislature must define the subject mater the agency has power over and must provide an “intelligible principle” stating when the agency can use that power.

Front 6

ADM6. What is the fairness of the agency action?

Back 6

Fairness is defined by their enabling law, admin. Procedure Act, and the constitution.

Front 7

ADM7. What are the 3 areas of Agency Action under the APA?

Back 7

Investigation, Rulemaking and Adjudication.

Front 8

ADM8. When can an Agency process be suspended?

Back 8

Emergency situations can give rise to a temporary suspension of agency process for good cause (adequate factual basis.

Front 9

ADM9. What are the emergency rules in Oklahoma?

Back 9

In Oklahoma the such emergency rules must be approved by the Governor and only last through the end of the next Legislative session (July 14). A showing to the governor must be by substantial evidence.

Front 10

ADM10. How may an Agency compel information through investigation?

Back 10

Subpoenas and physical inspection/search.

Front 11

ADM11. What are the limits of the subpoenas power?

Back 11

Subpoenas 1) must be authorized by law (not by APA), 2) must be constitutional (cannot be vague, cannot be irrelevant, cannot be unduly burdensome)

Front 12

ADM12. For physical inspection is a warrant required?

Back 12

Yes unless exception applies. The warrant must have a definite scope of search, and the agency must have a reasonable basis for inspection/search (probable cause)

Front 13

ADM13. What are the exceptions for warrant requirements?

Back 13

There’s consent, emergency, Authorized by statute. An agency may conduct a warrantless search of a commercial enterprise in a heavily regulated industry if a law 1) Expressly authorizes warrantless searches, 2) gives notice of them and 3) defines the scope of the search.

Front 14

ADM14. What is rulemaking in terms of administrative law?

Back 14

When an agency issues a broad policy statement that is general in nature and is general in intent.

Front 15

ADM15. What are the Rule making acquirements?

Back 15

1) Adequate notice [proposed rule: authority, rule, time, place, and nature of proceedings] 2) comment [30-day period of at least written comment must be allowed unless hearing requested by 10 or more people, an association, agency, political subdiv.] 3) rule approved by legis./governor [Final Rule] 4) Published [Promulgated Rule] 5) Rule Impact Statement.

Front 16

ADM16. Are there any agencies excluded from compliance with OAPA?

Back 16

Yes, municipalities, school districts, and other local governmental units. A complete list is on page six of the outline

Front 17

ADM17. Are there any exceptions to the Rulemaking requirement?

Back 17

Yes, this involves constitutional due process issues. If one or a very few persons, or rules are promulgated to resolve a particular dispute, Due process will require an oral hearing.

Front 18

ADM18. What requirements arise under Adjudication/quasi judicial actions?

Back 18

1) Adequate notice [time & place, nature of hearing, fact & legal issues], 2) Agency must conduct a hearing with certain requirements, A decision from the hearing official must issue a final written order based on the record containing facts, law, and reason for decision.

Front 19

ADM19. What are the requirements at hearing?

Back 19

1) must include all proper and necessary parties, must have an impartial decision maker who is free from improper bias [ no prejudgment, conflicts of interest] 2) cannot be decision maker and witness, 3) cannot both investigate and adjudicate 3) BoP is by preponderance [not bound by formal rules of evidence, hearsay is admissible if reliable, 4) ex parte communications on the merits must be placed on the record. 5) Official notice is a lesser standard than judicial notice 6) Procedurally sufficient.

Front 20

ADM20. What is meant by procedural sufficiency?

Back 20

1) right to have counsel present, 2) Some Discovery, 3) Oral argument 4) cross examination

Front 21

ADM21. What are the constitutional exception to the statutory requirements of adjudication by the agency?

Back 21

The procedure denied life liberty or property interest and when the balancing test of the gov. interest and private interest coupled with the risk of error leans in favor of the private interest and risk of error.

Front 22

ADM22. What is the jurisdictional standing requirements?

Back 22

injury in fact, causation [caused by agency], zone of interest [is party someone legis. Intended to be affected by the law?]

Front 23

ADM23. What is the 3-part test for 3rd parties?

Back 23

1) 3rd party has difficulty asserting rights [stigma] 2) close relationship between party in court and 3rd party [relation] 3) 3rd party lacks resources to sue.

Front 24

ADM24. What are the Rules for Association standing?

Back 24

1) members must otherwise have standing to sue in their own right 2) the interest the association seeks to protect must be related to the assocations purpose and 3) neither the claim nor the relief mut require participation of individual members.

Front 25

ADM25. Is there exception to exhaustion of remedies by the Agency for seeking judicial relief?

Back 25

1) futility or bias, 2) takes to long 3) issue of constitutional law

Front 26

ADM26. What is ripeness?

Back 26

A matter is ripe for review only if it is fit for review.

Front 27

ADM27. What does fitness require?

Back 27

1) the question presented to the court is legal in nature and 2) there would be a substantial hardship to the petitioner if review were denied.

Front 28

ADM28. What is the need for finality in Admin. Law judicial overview?

Back 28

If remedies are not exhausted or if an issue is not ripe for review, it is generally true that agency action is not final. Courts may only review final agency action.

Front 29

ADM29. What is the standard of review for rulemaking issues?

Back 29

De novo need not have exhaustion 2 years SoL burden is on agency (declaratory ruling)

Front 30

ADM30. What is standard of review for adjudication?

Back 30

Not based on substantial evidence based on the record as a whole but without substituting the agency’s judgement as to the weight of the evidence.

Front 31

ADM31. How do courts apply deference?

Back 31

Courts will defer to reasonable agency itnerpretations of law if statutory language is ambiguous or nonexistent. However, where statutory language on a point is clear, courts will not defer to contrary agency interpretations. Agencies must do what the law commands.

Front 32

ADM32. What is the OMA?

Back 32

Oklahoma Open Meetings Act, pertains to a public body in Oklahoma must open its meetings and hearings to the public. Notice of those meetings must go to Secretary of State, County Clerk, or Municipal Clerk, and also to the public, posted in a prominent place. Willful violations are misdemeanors and void action. 24 hours before regular business and 48 hours before special meetings for notice.

Front 33

ADM33. What is the OORA?

Back 33

Oklahoma Open records Act, Where a public body in Oklahoma must make records available to the public. Requirements and exemptions generally follow FOIA violation is a misdemeanor.