ppt 3 - agency adjudication

agency adjudication

violation -> negotiated settlements, formal complaints -> public document identifying violator

Exhaustion Doctrine

Party must first exhaust all remedies in the administrative process before court will review the decision

Ripeness Doctrine

A court will not review an administrative agency's decision until the case is "ripe" (standing + actual controversy issue)

Created a new standard for courts to use when reviewing agency interpretation of law:

two questions

New standard: Did Congress directly address the issue in dispute in the statute?

If so, the statutory
language prevails.

New standard:If the statute is silent or ambiguous, is the agency's interpretation "reasonable"?

If yes, a court should uphold the agency's
interpretation even if they would have
interpreted it differently.

Administrative Procedure Act

Arbitrary & Capricious Test, Rulemaking Procedures

Arbitrary and Capricious Test

1. Failed to provide a rational explanation for its decision.
2. Changed its prior policy without justification.
3. Considered legally inappropriate factors.
4. Entirely failed to consider a relevant/material factors
5. Rendered a decision plainly contrary to the evidence.

Trial-like hearing before administrative law judge (ALJ)

requires due process procedures, alj is judge+jury

ALJ issues an initial order that either party can...

appeal to the agency's governing commission orboard (otherwise order becomes final); hard to win at agency level

Executive Control

pres. can appoint/remove officers, veto legis.

Legislative Control

cut off funding, gives/takes/abolish agencies through enabling legislation

Judicial Control

Judicial review of agency actions

Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.

how much deference to give to an agency's judgment: Courts should defer to an agency's interpretation
of law as well as fact