WELCOME TO UNIT TWO OF ADMINISTRATIVE LAW

ANN SANOK

How do Administrative Agencies Work?

Its complicated….

• But, because it is a government “business” or organization…there are many specific rules and guidelines that must be adhered to.

• Although most agency action is said to be informal, for every agency there exists a great volume of administrative processes and procedures that must be followed when making decisions.

Like many other businesses or organizations…

• Agencies have a purpose, function, mission and goals.

• They have procedures, rules and forms that they must adhere to in executing those goals

• They have a hierarchy of personnel

• Agencies have appeal processes

Center for Disease Control

• CDC's mission is "to promote health and quality of life by preventing and controlling disease, injury, and disability."

• Examples of projects/tasks:• Investigating a TB outbreak in CT• Researching causes of childhood leukemia• Investigating a Salmonella Outbreak in PA• Investigating mercury exposure at a day care center• Chemical safety in fighting wildfires

Another example..

• The U.S. Citizenship and Immigration Services (USCIS) is the government agency that oversees lawful immigration to the United States.

• This agency was formerly called the Immigration and Naturalization Agency (INS). This is the agency involved in the Gonzalez case discussed on the DB and in tonight’s video.

Administrative agencies affect people

• The EPA can demand to inspect your company’s smoke stacks

• The FDA might deny your application to sell a new kind of medicine

• The local zoning board can might tell you to tear down that garage you put up.

Agencies can bend the rules

• While agencies have rules and standards, they also have significant discretion in regards to enforcing those rules. This discretion varies by agency

• Example: Police departments have policies that allow officer to chose not to pursue a speeding car or chase a criminal if they do not believe it is safe to do so.

Discretion allows the use of exceptions and common sense

• For example, the zoning board may decide that you do not have to tear down your garage even though it is two inches beyond the set back line.

Discretion can be abused…

• Excessive agency discretion can lead to arbitrary decision making

ADVISORY OPINIONS

• An advisory opinion is an opinion issued by a court or agency that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law.

• An advisory opinion can be issued at any time in order to clarify the meaning of an agency’s rules or regulations.

Hey I’ve got rights…

• Citizens and non citizens are entitled to certain protections when the government imposes certain rules or regulates their liberty.

Gotta be fair….

• Procedural due process is concerned with how the person being regulated is treated when a fundamental interest has been impacted. Has the person, or entity, given notice of the violation? Have they been given a hearing?

• Due process does not evaluate the merit of the actual rule or adjudication under review.

• Quiz alert!

Due Process• The three interests that are protected by due process are

property, liberty, and life.

• Due process and equal protection are embodied in the

Fifth and Fourteenth Amendments to the Constitution

• Quiz Alert!…

Treat me Right!

• Due process is an important component of administrative procedure.

• Due process rights are not limited to solely citizens of the United States are entitled to due process.

You’re fired…for a good reason, after notice and a hearing….

• An example of a right that may be impacted by an agency decision:

• A job with the federal or state government: the right to continued government employment by a nonprobationary employee is a property interest. That property interest cannot be revoked without due process..i.e. a hearing.

• Quiz alert!!

What to focus on….

• Agencies have to prioritize their actions. When a protected class – as well as other categories - such as a racial group is involved, that will receive priority.

• A decision by the National Labor Relations Board not to investigate an unfair labor practices allegation based on race or sex would likely be deemed unconstitutional.

Regulatory agencies can’t do it all..

• Most agencies exist to protect citizens from harm. For example, OSHA exists to protect worker’s from unsafe work environments.

• .

Time, energy and $$$

• However, OSHA and other agencies investigate only selected cases because they do not have the resources to investigate every person or business

Right to a hearing…

• When an agency issues a warning, fine or some other penalty, the case may go before a hearing board or tribunal

We can work it out!

• Negotiation and settlement of cases

are common agency practices.

This week’s classwork:

• The DB – two questions• The Quiz! • Begin thinking about the final project

•

Final Project..check it out! • Read the fact pattern• Your final research project will require you to prepare a

memorandum of law outlining the issues and law associated with the parents’ and Martha’s claims.  In addition, you will be asked to prepare a Motion for a Protective Order to prevent enforcement of the board’s determination pending the outcome of the appeal.

• The project is due by the end of Unit 8. To help keep you on track, parts of the project will be submitted each week.

• Unit 3: Submit List of Issues to be Discussed Unit 4: Submit Thesis Statement Unit 6: Submit Final Project OutlineUnit 7: Submit A Draft of the Final Writing Project

More on project next week

• Any Questions?

• Email me anytime

• Continue to work hard on the DB

• Don’t fall behind!

• Have a great week!