Administrative Procedures Flashcards

Which of the following actions would constitute an improper ex parte communication in formal agency adjudication?

Answer: A party privately contacting the administrative law judge to argue the merits of its case

Ex parte contacts occur when a party privately communicates with the decision-maker about the merits of a proceeding without notice to other parties, violating fairness and APA § 557(d).

What is the significance of the 'final agency action' requirement under the APA for judicial review?

Answer: Courts may review only actions that mark the consummation of the agency's decision-making process and affect legal rights or obligations

Under Bennett v. Spear, final agency action requires that the agency's process is complete and the action has direct legal consequences for the parties.

Under the Government in the Sunshine Act, federal agencies headed by a collegial body must:

Answer: Conduct meetings open to public observation, with limited exceptions

The Sunshine Act requires multi-member federal agencies to hold open meetings accessible to the public, subject to specific enumerated exemptions.

When a licensing board imposes a sanction that significantly exceeds sanctions imposed for similar violations, a reviewing court may find the agency's action:

Answer: Arbitrary and capricious for failure to treat like cases alike

An agency must explain significant departures from its own precedent or consistent practice; unexplained inconsistency can render a sanction arbitrary and capricious.

The 'ripeness' doctrine in administrative law prevents courts from reviewing agency action that is:

Answer: Too premature or abstract to cause concrete hardship

Ripeness doctrine bars review of issues that are not yet fit for judicial resolution because the agency action is too speculative or early to cause concrete harm.

Which remedy does a court issue when it finds an agency has 'unlawfully withheld or unreasonably delayed' action required by law under APA § 706(1)?

Answer: Injunction compelling the agency to act

Under APA § 706(1), courts can compel agency action that is unlawfully withheld or unreasonably delayed, effectively ordering the agency to act.

A state licensing board's rule requires all applicants to be US citizens. Under constitutional administrative law, this requirement is most likely challenged under:

Answer: The Privileges and Immunities Clause and equal protection

Alienage classifications by state agencies are subject to strict scrutiny under equal protection, and the Privileges and Immunities Clause may also bar discrimination against noncitizen residents in pursuing a livelihood.