Administrative Law Flashcards

A South Carolina agency issues an internal guidance memo interpreting its own regulation without notice and comment. A regulated party challenges an enforcement action based on the memo, arguing it is an invalid regulation. The memo is most vulnerable if it:

Answer: Creates a binding norm of general applicability rather than merely interpreting existing law

A pronouncement that creates binding rights or obligations of general applicability is a regulation that must go through APA rulemaking to be valid.

During a contested case before the SC Administrative Law Court, the rules of evidence:

Answer: Are relaxed, and evidence may be admitted if it is the type reasonably relied upon by prudent persons

Administrative hearings follow relaxed evidentiary standards, admitting probative evidence commonly relied on by reasonably prudent persons.

The South Carolina Department of Health suspends a hospital's license effective immediately, citing an imminent threat to public health, with a hearing to follow. This emergency action is:

Answer: Permissible, because due process allows summary action in emergencies with a prompt post-deprivation hearing

Due process permits summary administrative action to protect public health or safety so long as a prompt post-deprivation hearing is provided.

A party appealing an ALC decision argues the court should substitute its judgment on a discretionary sanction. The appellate court will reverse the sanction only if it constitutes:

Answer: An abuse of discretion, such as being arbitrary, capricious, or clearly excessive

Discretionary agency sanctions are reviewed for abuse of discretion, including arbitrary or capricious action.

Which South Carolina statute gives the public a right to inspect most records held by state agencies?

Answer: The Freedom of Information Act, S.C. Code § 30-4-10 et seq.

The South Carolina Freedom of Information Act governs public access to agency records and meetings.

A statute authorizes an agency to set 'reasonable fees necessary to administer the program.' A challenger claims this is an unconstitutional delegation of legislative power. Under South Carolina law, the delegation is valid if:

Answer: The statute provides sufficient standards or guidelines to channel the agency's discretion

A legislative delegation is constitutional when accompanied by sufficient standards guiding the agency's exercise of discretion.

An applicant seeks judicial review of an agency decision but files the petition after the statutory deadline in § 1-23-380. The reviewing court will most likely:

Answer: Dismiss the appeal because timely filing is jurisdictional

Statutory deadlines for serving and filing a petition for judicial review are jurisdictional, and untimely petitions must be dismissed.