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8 Cards in this Set
- Front
- Back
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The state and federal governments may act as long as the regulation is rationally related to a legitmate governmental interest and the act is not proscribed by the Constitution. Citizens have rights regarding the passage and enforcement of administrative rules
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Opening Argument
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A regulation that infringes a person's right to life, liberty, or property must meet the test of the Substantive and Procedural Due Process clauses under the 5th Amendment. The court will apply SS if the regulation hinders a fundamental right such as 1st Amendment rights, voting, interstate travel, privacy, and refusal of medical treatment. The governmental interest as no less restrictive means were available.
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Strict Scrutiny Standard of Review
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Procedural Due Process requires that the person be given notice and an opportunity to be heard by an unbiased tribunal. Under the APA, the notice must not be less than 7 days prior to the hearing held by an unbiased decision maker who much render his finding in writing.
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Procedural Due Process (NOT)
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Under the 5th Amendment, regulations must apply equally to all individuals. If the law is not discriminatory on its face, then the class must show a disproportionate impact in its application and a discriminatory intent
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Equal Protection Clause (Di-Di)
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A person may seek judicial review if she has standing, has exhausted all administrative remedies, the issue is ripe, and the administrative decision is final.
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Judicial Review (SERF)
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WA's Const. provides a higher level of protection than the Federal Const. Gunwall case.
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Free Exercise Clause (Gunwall)
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Rule making must include 20 days notice, an opportunity to be heard for all affected parties and an impartial agency hearing.
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Rule making Procedures
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Adjudication hearings require 7 days written notice and must be held by an unbiased decision-maker who must render the findings of fact and conclusions of law in writing.
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Adjudicative Procedures
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