Gilbert Law Summ Admin Law 13 :

The topics discussed in the Administrative Law study outline include separation of powers and controls over agencies, constitutional right to hearing, and adjudication under administrative procedure act. Other topics that are covered include formal adjudication, adjudicatory decision makers, bias, improper influences, ex parte communications, familiarity with record, res judicicata, rulemaking procedures, and obtaining information. Also discussed are the scope of judicial review, reviewability of agency decisions, standing to seek judicial review and timing.

Administrative Law Capsule Summary

i

Administrative Law Text Correlation Chart

i

Approach to Exams

i

Separation of Powers and Controls Over Agencies

Chapter Approach

1

(1)

Separation of Powers

2

(1)

Delegation of Legislative Power

2

(10)

Delegation of Adjudicative Power

12

(4)

Other Legislative Controls Over Administrative Action

16

(1)

Executive Controls Over Administrative Action

17

(6)

The Constitutional Right to a Hearing

Chapter Approach

23

(1)

Interests Protected by Due Process-Liberty and Property

23

(8)

Timing of the Hearing

31

(3)

Elements of the Hearing

34

(5)

Chart: Summary of Elements of Constitutional Protection

38

(1)

Issues Requiring a Hearing-The Rulemaking-Adjudication Distinction

39

(4)

Formal and Informal Adjudication Under the Administrative Procedure Act

Chapter Approach

43

(1)

Statutory Hearing Rights to Formal Adjudication

43

(6)

Chart: When Is a Trial-Type Hearing Required?

44

(5)

Adjudication Procedure in Informal Adjudication

49

(2)

Chart: Formal Adjudication vs. Informal Adjudication-A Summary

51

(1)

Declaratory Orders

51

(1)

The Choice Between Adjudication and Rulemaking

52

(5)

The Process of Formal Adjudication

Chapter Approach

57

(1)

The Prehearing Process

57

(3)

The Process of Proof at the Hearing

60

(9)

Requirement of Findings and Reasons

69

(4)

Chart: Summary of Issues At Each Stage of Formal Adjudication

71

(2)

Adjudicatory Decisionmakers

Chapter Approach

73

(1)

Structure of Adjudicatory Decisions

73

(3)

Chart: Summary of Types of Adjudicatory Decisions

74

(2)

Improper Influences on Decisionmaker

76

(10)

Basis for Decisionmaking

86

(3)

Binding Effect on Decisionmakers

89

(7)

Rulemaking Procedures

Chapter Approach

95

(1)

Introduction

96

(3)

Chart: Rulemaking vs. Adjudication-A Summary

98

(1)

Controls on Rulemaking

99

(1)

Legal Effect of Rules

100

(1)

The Informal Rulemaking Process

101

(9)

Chart: Timeline of Typical APA Informal Rulemaking Procedure

102

(8)

Exceptions to Informal Rulemaking Requirements

110

(6)

Chart: Exception to APA Rulemaking Requirements

115

(1)

Impartiality of Rulemakers

116

(2)

The Rulemaking Record

118

(4)

Obtaining Information and Attorney's Fees

Chapter Approach

121

(1)

Agency Acquisition of Information

122

(7)

Chart: Subpoena Power in Nonadjudicatory Settings

123

(6)

Constitutional Protection from Agency Information Gathering

129

(5)

Freedom of Information Act

134

(11)

Government in the Sunshine Act

145

(1)

Attorney's Fees

146

(3)

Scope of Judicial Review

Chapter Approach

149

(1)

Introduction

149

(1)

Scope of Review of Questions of Basic Fact

150

(7)

Scope of Review of Agency's Legal Interpretations

157

(7)

Scope of Review of Application of Law to Fact

164

(4)

Scope of Review of Agency Exercises of Discretion

168

(7)

Chart: Scope of Judicial Review-A Summary

173

(2)

Reviewability of Agency Decisions-Remedies And Preclusion

Chapter Approach

175

(1)

Means of Obtaining Judicial Review

175

(5)

Sovereign Immunity

180

(4)

Tort Liability of Government

184

(3)

Tort Liability of Government Officials

187

(7)

Statutory Preclusion of Judicial Review

194

(4)

Commitment to Agency Discretion

198

(5)

Standing to Seek Judicial Review

Chapter Approach

201

(1)

Chart: Requirements for Judicial Review-An Approach

202

(1)

Standing to Seek Judicial Review

203

(12)

The Timing of Judicial Review

215

(22)

Chart: Checklist of Exceptions to the Exhaustion Rule

229

(8)

Review Questions and Answers

237

(44)

Exam Questions and Answers

281

(30)

Table of Cases

311

(8)

Table of Citations to the Administrative Procedure Act

319

(2)

Index

321

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Gilbert Law Summ Admin Law 13 : Administrative Law

Summary

Table of Contents

Supplemental Materials