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10 Cards in this Set
- Front
- Back
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Elements of Judicial Review |
1. Reviewability 2. Standing 3. Finality 4. Ripeness 5. Exhaustion 6. Primary Jurisdiction |
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Reviewability defined |
All Kentucky agency action is reviewable Federal agency action is reviewable, unless: - Statute precludes judicial review - CADL: committed to agency discretion by law
Agency action is always reviewable if challenged as unconstitutional |
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Standing defined |
1. Injury-in-fact: actual, past, or threatened, future harm if not too speculative 2. Causation 3. Redressable with favored court action 4. π is in the enabling statute's zone of interest |
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Finality defined |
Only final agency actions may be subject to judicial review |
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Ripeness defined |
Courts may not review a decision before the agency has enforced it
Ripeness is satisfied if: 1. Agency made a final decision, 2. Agency action is challenged on purely legal grounds, and 3. Hardship to the parties if judicial review is withheld
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Exhaustion defined |
Courts may not review a decision unless π exhaust all his administrative remedies (ex: appeal ALJ decision to the agency), unless: - π is challenging the constitutionality of agency action on its face - or in Kentucky, if π can prove exhaustion would cause irreparable harm |
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Primary Jurisdiction defined |
When a court and an agency have jurisdiction over a matter, the court may decide the agency should hear the care first, considering: 1. expertise 2. existence of factual issues 3. whether agency can provide adequate relief |
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Scope of Judicial Review |
1. If agency's decision is in excess of authority granted in enabling statute, then must reverse 2. Agency's interpretation of its enabling statute will be affirmed if reasonable 3. Agency's interpretation of another statute will only be affirmed if the court independently find that it was within the power granted to agency 4. Substantial Evidence Review 5. Arbitrary, Capricious, & Abuse of Discretion |
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Substantial Evidence Review defined |
Only applies to adjudications If a reasonable person viewing all relevant evidence in the record could find that the evidence supports the agency's decision - deference 1. Court can only consider evidence introduced at hearing, facts that are proper for judicial notice and those within agency expertise 2. Hearsay is admissible and is sufficient in federal court, but insufficient in Kentucky 3. Ex parte communications are prohibited |
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Arbitrary, Capricious, and Abuse of Discretion |
Applies to all agency action (rulemaking and adjudications) If a reasonable person could have reached the factual con |
