Administrative Law Outline
I) Overview of Administrative Law
1) What does admin law cover?
(a) Government bodies OTHER than the legislature and the courts that
(i) determine specific people’s rights as a matter of law (adjudication)
(ii) establish rights for a group of individuals (rulemaking)
2) What kind of admin law agencies are there?
(a) Whole tons—
(i) Dept of Labor, HUD, HHS, INS, IRA, EPA, NLRB
(i) Dept of Ag, Iowa Civil Rights Commission, the Board of Regents, DNR, etc etc
3) What do administrative law agencies do?
(a) They Lawmake—rules with the binding force of Law (rulemaking)
(b) They Judge disputes of particular applicability (adjudication)
(c) They prosecute the rules they made
4) Kinds of Administrative Agencies
(a) Benefactory Agencies – primary mission is to dispense some kind of benefit to the qualifying public – Social Security, Welfare, Subsidized University Education
(b) Regulatory Agencies – regulate some aspect of society – the economy, a profession, a type of business
5) How is state and federal administrative law different?
(a) State agency staffs are smaller, run by part-timers at top (Board of Regents, etc); Federal agencies are often very large and staffed full time with expert bureaucrats
(b) State agencies are not as well financed
(c) State agencies deal with more “plebeians” – Federal agency regulation has high economic value – states usually deal with common folk
6) What is an administrative procedure act?
(a) APAs are statutory codes of procedure that mandate for administrative agencies procedures by which they are to operate in order to assure fairness, accountability, and high quality agency processes.
(b) APAs seek:
(i) uniformity within the agency procedure to procedure, and among agencies
(ii) responsibility to the public
(iii) to make sure agencies make well informed, efficient, and legal decisions
(c) APAs deal with general rather than specific
(d) Federal: Passed in 1946; Iowa: Passed in 1973 (amended in 1973 and 1998)
7) What is covered by APA?
(a) FED – FAPA §551(1) agency = every authority of the US other than Congress and courts
(i) Include President? Nope… Separation of powers; Congress can’t define procedures for Pres to work under [Franklin v. Mass] (b) IOWA – 17A.2 – Each board commission, dept officer or other admin office; does NOT mean general assembly or governor (but people who work for governor)
(i) DOES NOT include local government and subdivisions (those are controlled by ad hoc legislation)
(c) APAs are self-applying to all agencies
(i) Fed: Exemption only if expressly exempted ( FAPA § 559)
(ii) Iowa: Exemption only if APA is mentioned by name IAPA 17A.23
B) Advantages of Administrative processes
1) Can resolve legal matters in a low-cost manner
2) More efficient than legislative and judicial process
4) More flexible
5) More “effective”
(a) Cost-Benefit model – if there’s a $1 to give out, we want to keep administrative “overhead” low—ensuring lots of proceedings to make sure it’s a fair distribution reduces the amount of money given to aid people!
6) Brings in expertness court’s can’t offer
C) Disadvantages of Admin process
(a) Too much, and then there’s arbitrary, discriminatory action
(b) Too little, then agencies don’t have flexibility to deal with individualized situations
II) Agency Adjudicative Procedures
1) The Procedures by which administrative agencies determine the rights of particular, identified persons on the basis of their particularized facts.
2) Application of the law to a particular person based on particular facts
B) The Due Process Clause and Adjudication
1) Why do people what a hearing?
(a) Better chance of success because hearings help accuracy
(b) “empowering step”
(c) Dignitary function – people have their dignity, even if ruled against; plus people get to see the process and know, even if ruled against, at least
(ii) (NOT Constitution or Natural Law)
(iii) Custom and usage ONLY if the custom is so consistent and clear it is the functional equivalent of positive law
(iv) Board of Regents v. Roth – Property / Nonproperty
(i) Right/Privilege doctrine was nixed in Goldberg
(ii) Replaced with Property Interest disctinction
(iii) Roth sued because his contract was not renewed – given no hearing nor reason for not being rehired.
(iv) Roth didn’t have liberty interest; liberty is denied here only if something were to happen which would make him unhirable (vs. unhired)
(v) Roth didn’t have property interest because nothing in his contract gave him a right to employment the next year AND no statutory or other rule which says profs shall be rehired.
(vi) Also: Some DP rights are exerted in court (if Roth were fired because he was a War Protester, he’d have a 1st A challenge in court, not in front of the agency)
(v) Liberty/ Non-liberty?
(i) Definitional Boundary – to lose a liberty interest, there needs to be more lost than just stigma — (Paul v. Davis, Wisconsin v. Constantineau; plaintiffs who are labeled criminals do not get hearing first)
(ii) Liberty interests aren’t necessarily broken if there are other remedies available – See Ingraham v. Wright pp. 64 (kid getting paddled isn’t entitled to hearing because state tort provides remedy)
(vi) Di minimis property interests
(i) Gauss v. Lopez – DP applies to an entitlement unless the deprivation of the entitlement is di minimis
Bonn questions this line a little – then maybe procedures should be less than di minimus….