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44 Cards in this Set
- Front
- Back
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What are the sources of administrative law? |
Constitution |
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How are agencies structured within the gov't?
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Most agencies are located in the executive branch but some are stand alone. (FCC) |
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What are the roles of the administrative agencies?
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make rules |
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What are theories as to why administrative agencies exist?
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Public interest: gov't response to societal problems
Public choice: agencies compete for scarce resources Expertise: agencies are required to manage complex gov't roles |
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What is the non-delegation doctrine?
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Principle taken from Article I: congress may not delegate its legislative power - limits congressional ability to delegate to agencies. |
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What is the intelligible principals test?
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A test established in Hampton v. US requiring that Congress lay down an intelligible principle by which an agency authorized to act must conform. |
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In which two cases did the court strike down agency actions under the intelligible principals test?
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[1] Panama Refining v. Ryan: The court struck down presidential authority under NIRA to exclude petroleum from interstate commerce due to lack of guidelines/control over presidential discretion |
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What is the general two question analysis used to establish due process rights regarding agency adjudication? (Due process hearing rights) |
[1] Is there an interest in life, liberty or propety to which due process applies? [2] If there is a protected interest, what procedures are due? |
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Which sources may establish an interest protected by due process? |
[1] The constitution [2] The APA [3] An enabling statute |
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What was the central holding of Goldberg v. Kelly? |
Welfare benefits could not be terminated without an eligibility hearing. The statute created an entitlement. |
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What is the entitlement theory? |
Established in Regents v. Roth, entitlement theory requires a positive statutory source of a property intertest for entitlement to due process related to that interest to attach. |
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How does entitlement theory apply to welfare benefits? |
Eligibility criteria enacted in the codes establish the entitlement. |
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What typically creates a property interest in government employment? |
Termination only 'for cause' written into a contract or state law. |
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What types of statutory provisions create entitlement? |
Only substantive law creates entitlement. Procedural requriements may be evaluated for sufficiency under due process but do not in themselves create entitlement to due process. |
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What are the recognized sources of liberty interests which may invoke due process entitlements? |
Both the constituttion and entitlement theory. |
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What case established the test for what procedral due process is once an interest is established? |
Matthews v. Eldredge |
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What did SCOTUS hold in Sandin v. Connor? |
The language of prisoner regualtions did not create a liberty interest in avoiding solitary confinement. It appeared to limit entitlement liberty cases to intrerests clisely related to constitutional liberty interests (sentence length) |
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What was the holding of Obannon v. Town Court Nursing? |
The grievous loss imposed upon nursing home residents of the governmental decertification of their home did not implicate a liberty interest even though it forced some to move. Holding signals a predispostion against 3d party liberty interests. |
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What did Board of Pardons v. Allen demonstrate? |
State statute mandating parole under certain conditions created a liberty interest in parole. The fact that 'shall' was used and no discretion was granted to a parole board implicatd due process protections of a liberty interest. |
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What was the holding of Castle Rock v. Gonzales? |
No liberty interest created by order mandating police to use 'every reasonable means' to enforce the restraining order. Historic police discretion and the order's applicability to one individual are rationale for the rejection of the interest. |
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What are typical due process requirements? |
[1] notice [2] an oral hearing [3] allowance of counsel [4] access to confront evidence [5] neutral decision maker |
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What does 'within a meaningful time' mean in the context of a hearing as required by due process? |
At a time in which there is a realistic chance thath the pending deprivation may be prevented or reversed. Often but not always this is prior to gov't action. |
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What does the Eldridge balancing test determine? |
Whether the procedures prescribed by a particular law satisfy due process. |
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How did SCOTUS distinguish Eldridge disability from from Goldberg welfare? |
Loss of disability benefits would not necessarily deprive one denied benefits with a grievous loss because a disabled person is likely to have resources where an indigent on welfare would never have reserves. Also, medical disability lends itself to findings which don't require a hearing - doctors reports. |
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What factors does the Matthews/Eldridge balancing test use? |
[1] the strength of the private interest affected by the government action [2] the risk of erroneous deprivation if additional procedure is not afforded [3] the government's interest in proceeding with no more process than already is afforded |
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How was the Matthew's test applied in Loudermill? |
The interest in ongoing gov't empployment was important enough to warrant at least a limited pre-termination procedure |
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What interest may be implicated if a benefits are denied with a hearing scheduled at some later date to contest the denial? |
The interest in benefits/licensing to bridge the gap in time. The strength of this interim interest is not as strong as an interest in ongoing benefits. |
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What did Paratt v. Taylor establish? |
If one has a tort claim against a state agent (such as the neglegent loss of a prisoners hobby materials) there is no due process violation because there is an avenue in tort. |
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How did Daniels v. Williams augment Paratt v. Taylor? |
In cases where the state employee is imunized against tort claims (such as prison guards) the prisoner would have no remedy in tort to satisfy due process per Paratt. Alternatively, SCOTUS held that something more than a negligent tort, [rather an intentional tort] was requried to deprive liberty (contrary to Paratt where englignece was sufficient) |
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What did Hudson v. Palmer apply Daniels v. Williams? |
A prisoner whose belongings were stolen would have had a federal due process claim because theft was an intentional tort (however there was an administrative claim process that satisfied DP) |
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How was Zinnernon v. Burch different from Parrat/Palmer/Daniels? |
It involved a pre-determination hearing for admittance into a mental institution - it was not a random, isolated, unauthorized act for which no pre-deprivation hearing could be afforded.
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What finding will implicate a due process violation without respect to the Matthews/Eldridge factors? |
The discovery of a biased decisionmaker is per se a violation of DP. |
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What does Tumey v. Ohio demonstrate? |
Even a relatively small pecuniary interest on the part of an adjudicator will invalidate thier decisions as biased (Mayor's fee recieved for prohibition convictions he presided over) |
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How did Ward v. Monroeville relate to the Tumey holding? |
Ward expanded Tumey to include the indirect benefit a mayor recieved by expanding his municipal budget when presiding ocver traffic violations which accounted for half of the towns income. |
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Does the availability of an appeal make a biased decisionmaker permissible? |
No. (Ward) |
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What did Marshall v. Jerrico add to the bias decisonmaker calculus? |
Ward has limits. An ALJ may preside over fines that ultimately fund enforcement of the laws which mandate the fines. A 1% interest was not substantial enough to bias the decisionmaker. |
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What does capture mean in terms of biased adjudication? |
A decisionmaker may be presumed biased if an industry predominates an agency, i.e. the optometrists in Al. took over the optometry board and created rules that disfavored corporate licensees. |
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What are the two rulemaking models? |
Informal: Section 553 notice and comment Formal: on the record |
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What statutory language dictates the requirement for formal rulemaking? |
"after notice and opportunity for a hearing" |
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What language has triggered ambiguity and litigation about the formal/informal distinction in rulemaking? |
"after hearing" might mean formal is required. |
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What is 'hybrid' rulemaking? |
Congress requires rules over and above 553 but short of formal rulemaking. |
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What are the basic requirements of informal notice and comment rulemaking? |
§553 (b) general Notice in the Federal Register (c) Opportunity to participate through comment (c) Concise general statement of the rule's basis and purpose |
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What test can be used to establish the adequacy of the agency Section 553 notice? |
How well does it serve the policies underlying the notice requirement? [1] improving the quality of the rule making [2] affording fairness to parties through an opportunity for expression [3] improving the quality of the record for judicial review |
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When a notice and comment rule is changed in response to a the comment period, how much is the rule allowed to change? |
The notice is adequate when the changes from the original rule are in character with the orginal scheme and the final rule is a logical outgrowth of the notice and comment given. (Chocolate Manufacturers Assn. v. Block) |
