Administrative Law Flashcards
7 cards from real DE BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Administrative Law flashcards as text
After Loper Bright Enterprises v. Raimondo (2024), how must federal courts treat an agency's interpretation of an ambiguous statute?
Answer: Exercise independent judgment on the statute's meaning rather than deferring under Chevron
Loper Bright overruled Chevron, requiring courts to interpret statutes independently while agency views may still carry persuasive weight.
Which agency action is generally exempt from notice-and-comment requirements under APA principles?
Answer: An interpretive rule or general statement of policy
Interpretive rules, policy statements, and procedural rules are exempt from notice-and-comment rulemaking.
In a formal administrative adjudication, procedural due process at minimum requires:
Answer: Notice of the charges and a meaningful opportunity to be heard before a neutral decision-maker
Due process in adjudication requires notice, an opportunity to be heard, and an impartial tribunal, not criminal-trial safeguards.
A Delaware agency issues a decision unsupported by any record evidence and misapplies the governing statute. On appeal, the Superior Court should:
Answer: Reverse or remand because the decision lacks substantial evidence and contains legal error
A reviewing court sets aside agency action that is unsupported by substantial evidence or infected by errors of law.
The doctrine of ripeness prevents judicial review when:
Answer: The agency action is not final and the dispute rests on contingent future events
Ripeness bars review of agency action that is not final or whose impact remains speculative.
An agency head who personally investigated and publicly prejudged a respondent's guilt then presides over the hearing. The best objection is:
Answer: Bias violating the right to an impartial decision-maker
Due process forbids adjudication by a decision-maker who has prejudged the facts or has a disqualifying bias.
Under Delaware FOIA, a citizen denied access to public records may first seek review by:
Answer: Petitioning the Attorney General for an opinion on whether a violation occurred
Delaware FOIA allows aggrieved citizens to petition the Attorney General for a determination before or instead of suing.