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Admin Law Chpt 3

Admin law by Hall, Chapter 3

lifeblood of the administrative process informal procedures
three places that civil rights are protected federal constitution, state constitution, and statutory law
when there are less rules and too many rules discretion is at its highest
when there are an appropriate amount of rules discretion is at its lowest
when there is little or too much discretion fairness is lower
when there is a moderate amount of discretion fairness is higher
acting outside the scope or legal limits ultra vires
processing of claims and applications function of many administrative agencies
recalls, seizures of goods, license suspensions, cease and desist orders, actions for civil penalties forms of protective action
protect the health, safety, economic well being of the public agency functions authorized by statute
establishing testing and inspection requirements functions of an agency
opinion issued by an agency, upon request that offers an interpretation of law or agency policy, practices or procedures advisory opinion
administrative equivalent of a judicial declatory judgement declatory orders
issued by an agency to terminate a controversy or remove uncertainty declatory orders
process of having a neutral third party intervene in a dispute in an attempt to assist the parties in reaching a resolution mediation
process of having the parties to a dispute present their evidence and arguments to a neutral third party for decision arbitration
another name for mediation conciliation
Created by: jfdr31