Federal Admin Law
Terms
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- Can congress participate in removal of an officer?
- Yes, but only through impeachment
- Can congress restrict the presifent power to remove executive officials
- yes, but congress can not retailn adcice anf consent power over removal of the official or participate in impeachment except by removal
- Can there be a preclusion of a constituitonal question
- No courts only allow the statue to preclude a non-constitutional question.
- Four sources of Admind law The constituion The APA Enabling acts The common law
- The constituion The APA Enabling Acts The common law
- How are inferior officers appointed? How do you determine if the officer is inferior? Are inferior officers removeable
- Congress can confer power to Preident alont, department heads and courts of law. lower level ececutives offivsld who are under the supervison of other wcecutive officials beneath the president. Yes
- How are officers removed Executive officials?
- If there is no atatutory provison the president has the power to rmive executive officials at will
- How are Prncipal officers appointed How do you determine if an officer is a principal
- By the president with the confirmation of the senate High level official in the executive barnj, DH and heads of independent agencies
- Informal rule making What is a nonlegislative rule
- 533 exepmts nonlegislative rules from its the notice and comment requirement a non legislative rule is one thathas no kegak effect. It interperts a legal obligation or states the agencys view on a matter with out creating a legal right.
- Informal Rule making Notice and comment
- Published notice of the proposed rule making the opp to be heard for punlic comment publucation of the final rule with a consise general statement of the rules basis and purpose
- Judicial Review Jurisdiction
- The review of an agency deceison mut be brought in court that has jdx ove the agency. Most agencies indcate the proper court (usually COA)
- What are employees?
- Employees are neither inferior or principal so they can be appointed by means other than the appointment clauseHow
- What are the limits to standing
- can not have standing for a generalized griveane or for a third party
- What are the remedies from a judicial review
- Reviewing courts have the power ro hold unlawful. set aside the agency action found mot to meet the applicable standard of review remand matters for further review
- What are the requirements for standing
- plainitff be injured by the challange and to stand to gain forn the redressability.
- What are the requirements of informal rule making.
- published notice of the purposed rule making opp. for public comment and after consideration of the comments publication of the final rule together with the concise general statemet of the rules basis and purpose.
- What are the two exceptions in which APA is not available?
- When statues perclude review and: The statute must explicity mention judicial review or provide for a particular form of judicial review and preclude all others whent the action is commited to agency discretion by law. Here the staute is in broa
- What are the two exceptions to the prudential rule
- Third parties are allowed to assert the rights of those that can not assert the right on their own. Injury in fact test- P has suffered an injury in fact that is fairly traceanle to the challsnce conduct and is redressable by a favor judgment
- What are the types of judicial Review?
- Arbitray, capricous, abuse of discretion De novo-does not give deference to agencies decesion Subtantial evidence test
- What does the zone of interst appy to?
- to cases in which the plaintiff seekd to challange agency treatment of someone else (competitor) was the plaintiff interest considered by congress or regulatiry body in the decesion tor egulate the 3rd party
- What has to be in the notice for informal rule making
- Notice of the text or the proposed orfer or the issue or subject involved in the rule makign
- What is another requirement for the informal rule making
- The rules adopted have to be a logical our growth of the proposal meaning that the rule is not subtantially differnt from the proposal
- What is meant by substantial hardship
- If compliance with the rule would be expensive and where waiting until enforcement would involve potential harsh penanlites or other injuries.
- What is meant by the rules are fit
- The issue is ourkey kefak and further devekpoment would not aid the review
- What is required for an informal rulemaking
- notce and and a brief statement if the reasons for the deceision.
- What is the analysis for judicial review of an agencies decesion
- There is a presumption that the agency's action is reviewabe. this is rebbutalble
- What is the APA exhaustion doctrine
- that if an agency review is final then there is no further exhaustion required and review is available immediately.
- What is the cure for an inadquate notice?
- a new notice and a new comment period
- What is the exception to seeking review before a decesion is made
- The party can seek ripe review if the issues are are fit for review and the party would suffer substaintial hardship
- What is the exception to the exhaust doctrine
- Exhaustion would cause undue prejudice to the protection of rights at issue the admin, agency lacks power to grant effective relief the exhaustion would be futile because the admin is bias
- What is the intelligible Principal
- That congress nust give the body of law exact guidelines to conform to
- What is the non-delegation principal
- That congress can nor delegat too much authority to the executive branch
- When can a party seek judicial review?
- When it has exhausted all remedies with in the agency
- When may judicial review be sought
- Judicial review may not be sought too early the party can mot seek for review untila final decesion has been made
- Where must the reivew be sought if there is no statute to say where
- In the District court under that courts original Jdx