Administrative Procedures Flashcards

Under the Administrative Procedure Act (APA), what is the minimum notice period required before a federal agency publishes a final rule after notice-and-comment rulemaking?

Answer: 30 days

The APA requires at least 30 days between publication of a final rule and its effective date, allowing affected parties time to prepare.

Which type of agency action is generally exempt from APA notice-and-comment requirements?

Answer: Interpretive rules and general policy statements

Interpretive rules and general policy statements are exempt from notice-and-comment under APA § 553(b)(A) because they do not have the force of law.

What standard of review does a court apply when evaluating an agency's factual findings in formal adjudication under the APA?

Answer: Substantial evidence

For formal on-the-record proceedings, APA § 706(2)(E) requires courts to set aside findings unsupported by substantial evidence.

An applicant for a professional license receives a denial from the state board without any explanation. Under due process principles, which requirement did the board most likely violate?

Answer: The requirement to provide written findings and reasons

Due process in administrative adjudication requires that the decision-maker provide a statement of reasons so the applicant can understand the basis for denial and seek review.

Under Chevron deference (prior to its modification), courts deferred to an agency's statutory interpretation when:

Answer: The statute was ambiguous and the agency's interpretation was reasonable

Chevron Step 2 deferred to an agency's reasonable construction of an ambiguous statute that the agency was charged with administering.

Which doctrine allows courts to set aside agency action that is unexplained, internally inconsistent, or ignores important aspects of the problem?

Answer: Hard look review

Hard look review requires courts to take a 'hard look' at agency reasoning to ensure it is not arbitrary and capricious under APA § 706(2)(A).

When a state licensing board suspends a license, the licensee is typically entitled to a post-suspension hearing. What constitutional doctrine establishes this right?

Answer: Procedural due process under the Fourteenth Amendment

A professional license is a protected property interest, and procedural due process under the Fourteenth Amendment requires notice and an opportunity to be heard before or promptly after deprivation.