- Administrative Law
- Articles
- Main Ways to Obtain Information
- Relation of Administrative Process to Legal Process
- Advantages of Administrative Process
- Collaboration of Administrative Agencies and Courts
- Role of Attorney General in Advising Administrative Agencies
- Administrative Agency Opinions
- Administrative Conference of the United States
- Administrative Procedure Acts
- Federal Administrative Procedure Act
- State Administrative Procedure Acts
- Administrative Procedure Act – Alabama
- Administrative Procedure Act – Alaska
- Administrative Procedure Act – Arizona
- Administrative Procedure Act – Arkansas
- Administrative Procedure Act – California
- Administrative Procedure Act – Colorado
- Administrative Procedure Act – Connecticut
- Administrative Procedure Act – Delaware
- Administrative Procedure Act – District of Columbia
- Administrative Procedure Act – Florida
- Administrative Procedure Act – Georgia
- Administrative Procedure Act – Hawaii
- Administrative Procedure Act – Idaho
- Administrative Procedure Act – Illinois
- Administrative Procedure Act – Iowa
- Administrative Procedure Act – Kansas
- Administrative Procedure Act – Louisiana
- Administrative Procedure Act – Maine
- Administrative Procedure Act – Maryland
- Administrative Procedure Act – Massachusetts
- Administrative Procedure Act – Michigan
- Administrative Procedure Act – Minnesota
- Administrative Procedure Act – New Hampshire
- Administrative Procedure Act – New Jersey
- Administrative Procedure Act – New Mexico
- Administrative Procedure Act – North Carolina
- Administrative Procedure Act – North Dakota
- Administrative Procedure Act – Ohio
- Administrative Procedure Act – Oklahoma
- Administrative Procedure Act – Pennsylvania
- Administrative Procedure Act – Puerto Rico
- Administrative Procedure Act – South Carolina
- Administrative Procedure Act – South Dakota
- Administrative Procedure Act – Washington
- Administrative Procedure Act – Wisconsin
- Administrative Procedure Act – Wyoming
- Administrative Procedure Act – Montana
- Administrative Procedure Act – Nebraska
- Administrative Procedure Act – Nevada
- Administrative Procedure Act – New York
- Administrative Procedure Act – Oregon
- Administrative Procedure Act – Tennessee
- Administrative Procedure Act – Texas
- Administrative Procedures Act – Kentucky
- Administrative Procedure Act – Utah
- Administrative Procedure Act – Vermont
- Administrative Procedure Act – West Virginia
- Administrative Procedures Act – Missouri
- Administrative Procedures Act – Rhode Islands
- Administrative Procedures Act – Virginia
- Administrative Procedures Act – Indiana
- Administrative Procedures Act – Mississippi
- Administrative Agencies
- Creation and Establishment
- Meaning of “Agency” under Federal Administrative Procedure Act
- Meaning of “Agency” under State Administrative Procedure Acts
- Agencies as State Not Local Entities
- Agencies as Judicial Bodies or Courts
- Quasi-Judicial Functions
- Agencies as Legislative or Executive
- Agencies as Independent or Subordinate
- Statutes Relating to Agencies
- Members and Officers of Agencies
- Appointment of Members and Officers
- Changes in Membership of Agency
- Disqualification of Members or Officers of Agency
- Grounds for Disqualification of Members or Officers
- Powers and Functions of Administartive Agencies
- Characterization and Classification of Administrative Powers
- Source of Powers
- Legislative Standards
- Ratification and Validation
- Construction of Statutes Granting Powers
- Limitations on Manner of Exercise
- Fundamental Fairness and Due Process
- Implied and Inherent Powers
- Discretionary Powers
- Limitations on Discretions
- Ministerial Powers
- Power to Charge Fees for Services
- Separation of Powers of Government
- Encroachment by Agency on Adjudicative Functions of Judicial Branch
- Combining Investigative, Prosecutorial, and Judicial Powers
- Agency Delegation to Subordinates
- Agency Delegation to Subordinates under Federal Law
- Agency Delegation Implied from Statute or Nature of Agency
- Type of Agency Power, as Affecting Whether Power may be Delegated
- Delegation of Powers to Private Parties
- Administrative Agency Interpretation of Laws
- Constitutional Claims Before Agencies
- Purpose of Administrative Interpretation; Clarifying Ambiguity
- Requirement that Agency Follow Courts
- Effect Given by Courts to Agency Statutory Interpretations
- Rule that Deference be Accorded to Administrative Interpretations
- Implied Legislative Approval of Administrative Construction
- Agency Meetings
- Number of Members Necessary to Act in a Meeting
- Requirement That Meetings Be Public; Sunshine Acts
- Electronic Meetings
- Exceptions to Public-Meetings Requirement; Executive Sessions
- Meetings Between Attorney and Agency
- Notice of Meetings
- Standing to Bring Action for Possible Violation of Public-Meeting Law
- Procedure for Closing Meeting
- Agency Minutes, Records, and Reports
- Inspection of Records and Papers of Administrative Agencies
- Types of Administrative Agency Action: Rulemaking, Adjudication, Investigation
- Administrative Agency Investigations
- Statutory Authorization
- Purpose
- Relevancy and Factual Basis
- Specific Investigatory Methods
- Specificity
- Requirement To Keep Accounts, Records, Reports, Or Statements
- Persons Subject to Investigation
- Witnesses and Evidence
- Constitutional and Other Rights Affected by Investigation
- Searches and Seizures
- Probable Cause for Searches
- Exceptions to the Warrant Requirement
- Employee Drug Testing
- Subpoenas for Records
- Constitutional Issues Regarding Self Incrimination
- Effect of Grant of Immunity
- Due Process; Right to Confrontation
- Right to Counsel
- Statutory Right to Counsel; Federal Administrative Procedure Act
- Privileges of Witnesses
- Enforcement of Administrative Orders or Subpoenas
- Necessity of Court Proceedings for Enforcement
- Enforcement Procedure
- Enforceability of Subpoenas
- Enforcement Order
- Appeal of Enforcement Order
- Administrative Agency Rulemaking
- Express or Implied Authority for Rulemaking
- Limits on Authority to Make Rules
- Legislative Nature of Rulemaking
- Agency Discretion in Rulemaking
- Rulemaking Defined Under the Federal APA
- Rulemaking Defined Under the Model State APA
- Rulemaking Distinguished from Other Agency Action
- Agency Discretion to Act through Rulemaking or Adjudication
- Types of Rules and Agency Statements
- Legislative Rules
- Interpretative Rules
- Procedural Rules; Policy Statements
- Federal Procedure for Adoption of Rules
- Step One:Notice
- Publication of Notice
- Contents of Notice
- Adequacy of Notice
- Step Two: Comment and Hearing
- Opportunity for Comment; Hearing Not Required
- Response to Comment
- Length of Comment Period
- Reliance on Agency Knowledge and Expertise
- Necessity of Hearing
- Formal Rulemaking
- Negotiated Rulemaking
- Step Three: Adoption of New Rule
- Step Four: Publication of New Rule
- Time of Publication; Effective Date
- Regulatory Flexibility Act
- Exceptions to Rule-making Procedures
- Rules Regarding Foreign Affairs
- Rules Regarding Military Function
- Rules Regarding Management
- Nonsubstantive Rules
- Interpretive Rules
- Good Cause Exceptions to Standard Rule Making Procedures
- Rulemaking Procedures Under Model State Administrative Procedure Act
- Amendment and Repeal of Rules
- Amendment or Repeal of Judicially-Approved Rule; Reasons for Change
- Amendment of Rules by Adjudication
- Amendment and Repeal of Rules Under the Model Administrative Procedure Act
- Federal Petitions for Amendment or Repeal
- Disposition of Rule-Making Petitions
- State Petitions for Amendment or Repeal of Rules
- Validity of Rules
- Proceedings to Determine Validity of Rules
- Effect of Rules
- Violation of Rules
- Prospective and Retroactive Effect of Rules
- Construction of Rules
- Enforcement of Rules
- Licensing by Administrative Agencies
- Grant or Denial of License
- Application Process
- Hearing Requirement
- Initial Licenses
- Restrictions on Granting Licenses
- Notice and Grounds for License Denials
- Judicial Review of License Denials
- Withdrawal, Suspension, Revocation and Annulment of Licenses
- Nonrenewal of Licenses
- Renewals and Extensions of Licenses
- Administrative Agency Adjudications
- Adjudicatory Procedure under Federal APA
- Adjudicatory Procedure under State Statutes – Generally
- Rules Governing Adjudicatory Proceedings
- Limitations of Adjudicatory Actions
- Consent and Waiver of Jurisdiction
- Jurisdiction
- Declining Jurisdiction
- Loss or Termination of Jurisdiction
- Institution of Proceedings
- Notice of Proceedings
- Appearance and Waiver of Notice
- Pleadings in Adjudicatory Proceedings
- Complaints
- Responsive Pleadings
- Amended and Supplemental Pleadings
- Dismissal and Discontinuance of Pleadings
- Adjudicatory Hearings
- Right to a Formal Hearing
- Postdeprivation Hearing
- Informal Adjudication
- Summary Adjudication
- Settlement by Consent
- Parties to Administrative Adjudications
- Agency as a Party
- Intervention in Administrative Adjudications
- Class Actions
- Hearing Officers
- Powers of Administrative Law Judges
- Discipline and Removal of Administrative Law Judges
- Disqualification or Substitution of Administrative Law Judges
- Ex Parte Contacts
- Representation by Counsel at Agency Adjudications
- Right to Counsel in Agency Adjudications
- Discovery Process in Agency Adjudications
- Jencks Discovery
- Discovery under Freedom of Information Act
- Pre-hearing Conferences
- Scheduling of Adjudicative Hearings
- Evidence and Witnesses
- Subpoenaing Evidence and Witnesses
- Witness Fees
- Presentation of Evidence
- Sequestration of Witnesses
- Swearing of Witnesses
- Rules of Evidence
- Rules Applicable to Deposition Testimony
- Admissibility of Illegally Obtained Evidence
- Rules Applicable to Expert and Opinion Testimony
- Admissibility of Hearsay
- Admissibility of Records and Documentary Evidence
- Cross Examination in Adjudicative Hearings
- Burdens of Proof in Adjudicative Hearings
- Initial or Recommended Decision
- Proposed Findings and Conclusions; Exceptions
- Review of Initial Decision by Agency
- Power to Adopt Initial Decision
- Power to Remand Case or Take Additional Evidence
- Final Decision and Order
- Declaratory Orders
- Content of the Adjudicative Record
- Rehearing or Reconsideration
- Power to Revise Administrative Orders
- Petitions for Rehearing
- Procedure on Rehearing
- Attorney’s Fees in Administrative Adjudications
- Equal Access to Justice Act
- Judicial Review of Agency’s Fee Determination
- Alternative Means of Dispute Resolution
- Judicial Review of Administrative Decisions
- What Judicial Review Embraces
- Judicial Role
- Right To Judicial Review of Federal Agency Decisions
- Right to Judicial Review of State Agency Decisions
- State Courts
- Statutory and Nonstatutory Bases of Jurisdiction for Judicial Review
- Constitutional Right to Judicial Review
- Federal-Question Jurisdiction for Review of Administrative Decisions
- Federal Diversity Jurisdiction for Review of Administrative Decisions
- Mandamus Jurisdiction for Review of Administrative Decisions
- Jurisdiction of Federal Courts of Appeal for Review of Administrative Decisions
- Review under Hobb’s Act
- Jurisdiction and Venue in State Courts for Review of Administrative Decisions
- Standing of Parties in Review of Administrative Decisions
- Standing under Federal Administrative Procedure Act
- Standing under Model State Administrative Procedure Act
- Necessity for Waiver of Sovereign Immunity in Judicial Review of Administrative Decisions
- Standing of Persons Adversely Affected or Aggrieved
- Rights of Particular Persons to Assert Standing
- Standing of Third Persons
- Standing in Class Actions
- Taxpayer Standing
- Standing of Groups or Organizations
- Standing of States and Municipalities
- Hobbs Act Standing to Seek Review in Court of Appeals
- Scope of Review
- Type of Agency Action as Affecting Scope of Review
- Preclusion of Judicial Review
- Ripeness of Question for Judicial Review
- Matters Not Amounting to Final Agency Action and Therefore Not Reviewable
- Exceptions to Finality Requirement for Judicial Review
- Exhaustion of Administrative Remedies
- Primary Jurisdiction Doctrine
- Judicial Review of the Merits
- Standards of Review of Agency Actions
- Judicial Review of Legal Questions and Mixed Questions of Law and Fact
- Judicial Review of Fact Questions
- Remedies Available through Judicial Review
- Declaratory Judgments
- Temporary Remedies and Stays
- Injunctions
- Habeas Corpus
- Money Damages
- All Writs Act
- Procedure to Obtain, and Present Questions for Review
- Instituting Proceedings
- Presenting and Preserving Issues Before Agency
- Practice and Procedure on Review
- Record on Review
- Supersedeas and Stay of Proceedings on Review
- Presumptions and Burden of Proof on Review
- Decisions on Review: Affirm, Reverse, Remand, Vacate or Modify
- Further Appellate Review
- Liability of Administrative Agencies
- Questions and Answers
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