CHAPTER EIGHT. ADMINISTRATIVE LAW
LEARNING OBJECTIVES
• To understand the role of administrative law in the legal system
• To understand how administrative agencies make rules that have the force of law
• To understand how administrative agencies enforce the rules they make
• To understand how administrative agencies adjudicate disputes on the enforcement of
their rules
CHAPTER SUMMARY
Administrative law is one area about which the beginning student is likely to have the
least information. The chapter seeks to explain the reasons for the development of
administrative law. As society has become more complex, the government has taken upon itself
the responsibility for regulating many aspects of the economy, health, education, and safety of
the American people. With the increased regulation there has been a growth of administrative
government commonly referred to as the bureaucracy.
Next, the chapter introduces the student to delegation theory. Under our constitutional
system it is the Congress that has been empowered to enact the laws (rules) that govern us.
However, as society has become more complex, it has become necessary for the Congress to
delegate much of its law-making authority to administrative agencies that increasing have the
expertise and the manpower to regulate complicated human activities. Delegation presents a
delicate constitutional problem because of our system of separation of powers that suggests it is
dangerous to place the rulemaking, rule enforcement and rule adjudication functions in the hands
of a single entity.
CHAPTER OUTLINE
I. Introduction
II. Delegation Theory
A. Rulemaking
III. Judicial Review and Administrative Law
A. Preclusion of Judicial Review
B. Judicial Restraint
1. Exhaustion of Administrative Remedies Doctrine
VI. Conclusion
TERMS/CONCEPTS/PEOPLE
Regulatory agency Delegation theory
Delegatus non potest delegare Rule making
Rule enforcement Adjudication
CHAPTER TEST QUESTIONS
Multiple Choice Questions
1. Jennifer served in the military in Iraq. The Department of Veterans Affairs has stopped her benefits solely
because she has become a highly–visible opponent of the war in civilian life. She
A. Is precluded by statute from having the decision reviewed by the courts;
B. Is entitled to a hearing on the matter because a statute cannot preclude judicial review of an
administrative decision when a constitutional right (here, the First Amendment) is at stake;
C. Is subject to the primary jurisdiction doctrine;
D. A and B;
E. A and C.
2. Which of the following contributed to the growth of administrative government?
A. Need for administrative expertise;
B. Need for enhanced efficiency;
C. Need to prevent arbitrary and capricious action of government officials;
D. All of the above;
E. None of the above.
3. Which of the following is part of due process?
A. Rules are to be applied fairly to everyone;
B. Rules are to be announced in advance;
C. Rules themselves must be fair;
D. The procedure by which the rules are passed must be fair;
E. All of the above.
4. Before the Office of the State Chemist (a state agency) may adopt rules regulating the
content of pet food, the rules of administrative procedure require that:
A. The proposed rules are published in advance of their consideration;
B. Interested parties are allowed to comment either orally or in writing as to the contents;
C. Any decision on the rules is based on the findings of “the whole record;”
D. All of the above;
E. None of the above.
Answer: D
5. In reviewing administrative decisions, courts:
A. Generally require that the litigants have exhausted their administrative remedies before
moving into the court system;
B. Often defer to the expertise of those within administrative agencies as to the technical findings;
C. Frequently focus of fairness in the adoption, enforcement, and adjudication of the rules;
D. All of the above;
E. None of the above.
6. Buffy, a university student, is unhappy with the disciplinary action taken against her by the university
administration that resulted in the loss of her scholarship. She wishes to immediately file suit against the
university administrators in federal district court. Which of the following doctrines will most affect her
lawsuit?
A. Primary jurisdiction doctrine;
B. Standing;
C. Exhaustion of state and administrative remedies doctrine;
D. All of the above;
E. None of the above.
7. The legal term for the maxim that “a delegate cannot delegate“ is:
A. Delegatus non potest delegare,
B. Delectus
personae;
C. Demurrage;
D. Demonetize;
E. Dation en paiment.
8. You are planning to travel from your hometown to Savannah by air. While waiting to board the plane,
you are told that there will be a short delay (that turns out to be rather lengthy). You later read in the
newspaper that the original crew members were not permitted to fly because they had spent the morning
drinking in the bar. This is an example of:
A. Rule making;
B. Rule enforcement;
C. Adjudication;
D. Ultra vires,
E. None of the above.
9. The main purpose of administrative law is:
A. To prevent administrators from being arbitrary;
B. To bestow benefits on people;
C. To relieve Congress of the burden of dealing with minor details;
D. To increase the power of the executive branch;
E. All of the above,
10. Under the United States Constitution, all sovereignty ultimately resides in the people and lawmaking
authority is vested in Congress. The theory that circumvents those powers and permits the administrative
agendas to enact rules and regulations is known as the:
A. Agency theory;
B. Deciduous theory;
C. Decalogue;
D. Delegation theory;
E. None of the above.
11. Wang is appealing the decision that he is not eligible for supplemental security income.
A. The Social Security Administration may advise him on Tuesday morning of the hearing that
afternoon;
B. He is not entitled to have his doctor testify or to have the doctor‘s records considered by the hearing
officer;
C. He is entitled to disclosure of opposing evidence;
D. He is not entitled to have an impartial hearing officer;
E. The administrative law judge is required to give Wang only an oral report of her findings.
12. The case of Goldberg v. Kelly is a landmark decision that relates to:
A. Establishment Clause;
B. Due Process Clause;
C. Symbolic speech;
D. All of the above;
E. None of the above.
13. “Ultra vires” in administrative law means:
A. That the agency is acting within the scope of its authority;
B. That the agency is attempting to exercise powers outside its authority;
C. That the agency is engaging in adjudication;
D. A and B;
E. B and C.
14. Administrative adjudications:
A. Are quasi-judicial in nature and must meet certain elements of due process;
B. Often occur when an individual or business is disgruntled with the application of an
agency‘s rules;
C. Are exceedingly rare;
D. A and B;
E. A and C.
15. The decision of an administrative tribunal:
A. Must be based on the record;
B. Must contain an explanation of the basis for the decision;
C. Must be in writing;
D. Must be conveyed to the parties;
E. All of the above.
16. Federal agencies are required to file environmental impact statements under the:
A. National Clean Air Act;
B. National Environmental Policy Act of 1969;
C. Historic Sites, Buildings, and Antiquities Act;
D. Endangered Species Act;
E. None of the above.
Essay Questions
1. Define and discuss the delegation theory.
2. Identify and discuss limitations on administrative agencies.
3. Describe the interaction between agencies and the Fourth Amendment as an example of the
interplay between these agencies and the Constitution.
4. Discuss the case of Goldberg v. Kelly and its impact on administrative procedures.
5. Identify, discuss, and give examples of each of the Goldberg ingredients.
6. Discuss judicial review of administrative agencies including areas of judicial gate keeping.
Give examples.