Administrative Law Flashcards

A licensee receives notice of a hearing that states only 'violations of agency rules' without identifying any specific conduct or rule. The notice is defective because due process and the APA require notice that includes:

Answer: A short and plain statement of the matters asserted, including the specific charges

The APA and due process require notice reasonably identifying the specific charges so the party can prepare a defense.

While an appeal of an agency license revocation is pending, the licensee wants to keep operating. Under the SC APA, the licensee should:

Answer: Seek a stay of the agency decision from the tribunal or reviewing court

Filing an appeal does not automatically stay most agency decisions, so the party must request a stay from the tribunal or reviewing court.

A party in a contested case wants to question the agency inspector whose report is the sole basis for the violation. The APA entitles the party to:

Answer: Cross-examine witnesses whose evidence is offered against it

Parties in contested cases have the right to present evidence and cross-examine adverse witnesses.

A statute makes an agency's decision 'final and conclusive.' A disappointed party argues it can never be reviewed. South Carolina courts would most likely hold that:

Answer: Judicial review remains available for constitutional violations and actions beyond the agency's authority

Even preclusive finality language does not bar review of constitutional claims or actions exceeding the agency's statutory authority.

An ALC judge receives an off-the-record phone call from an agency attorney about the merits of a pending contested case. This communication is:

Answer: A prohibited ex parte communication that may require disclosure and can taint the proceeding

Ex parte communications on the merits of a pending contested case are prohibited and must generally be disclosed on the record.

A regulated business claims an agency's enforcement decision was 'arbitrary and capricious.' That standard is met when the agency:

Answer: Acted without a rational basis, ignored relevant factors, or offered an explanation contrary to the evidence

Arbitrary and capricious action lacks a rational basis, disregards relevant factors, or rests on reasoning contradicted by the record.

The South Carolina General Assembly's ability to disapprove a proposed regulation during the review period is best characterized as:

Answer: A legislative check on executive-branch rulemaking authority

Legislative review of regulations operates as a check by the General Assembly on agency rulemaking power.