Details
Table of Contents
Introduction
The constitutional status of administrative agencies. The non-delegation doctrine ; Congressional power to create non-Article III courts ; Presidential control over agency officers ; Congressional retention of delegated power : the legislative veto and the Congressional Review Act
The rulemaking process. An introduction to rulemaking ; Formal and informal rulemaking ; Exceptions to the rulemaking process ; Ex parte contracts and bias in rulemaking ; White House review of rulemaking
Agency adjudication. An overview of adjudication procedures ; The choice between formal and informal adjudication ; Formal adjudication ; Due process ; Ex parte contacts and bias in adjudication
The availability of judicial review. The APA and the availability of judicial review ; Reviewability ; Standing and sovereign immunity ; The form of proceeding and jurisdiction ; Timing issues and preliminary relief
Judicial review of agency action. Section 706 of the APA ; Judicial review of agency fact-finding ; Judicial review of agency legal interpretations ; Judicial review of agency policy-making
Agencies and information. Agency authority to compel production of information ; The Freedom of Information Act
Concluding thoughts and advice.
The constitutional status of administrative agencies. The non-delegation doctrine ; Congressional power to create non-Article III courts ; Presidential control over agency officers ; Congressional retention of delegated power : the legislative veto and the Congressional Review Act
The rulemaking process. An introduction to rulemaking ; Formal and informal rulemaking ; Exceptions to the rulemaking process ; Ex parte contracts and bias in rulemaking ; White House review of rulemaking
Agency adjudication. An overview of adjudication procedures ; The choice between formal and informal adjudication ; Formal adjudication ; Due process ; Ex parte contacts and bias in adjudication
The availability of judicial review. The APA and the availability of judicial review ; Reviewability ; Standing and sovereign immunity ; The form of proceeding and jurisdiction ; Timing issues and preliminary relief
Judicial review of agency action. Section 706 of the APA ; Judicial review of agency fact-finding ; Judicial review of agency legal interpretations ; Judicial review of agency policy-making
Agencies and information. Agency authority to compel production of information ; The Freedom of Information Act
Concluding thoughts and advice.