Administrative Law Flashcards
6 cards from real IN BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Administrative Law flashcards as text
What is the purpose of the Administrative Procedure Act?
Answer: To establish procedures for agency rulemaking and adjudication, and provide for judicial review
The APA establishes the framework for how federal agencies create rules, conduct hearings, and make decisions, while also providing citizens the right to challenge agency actions in court.
What is notice-and-comment rulemaking?
Answer: A process where agencies publish proposed rules, accept public comments, and issue final rules with responses to comments
Notice-and-comment (informal) rulemaking requires agencies to publish proposed rules in the Federal Register, allow public comment, and consider those comments before issuing a final rule.
What is an agency's enabling statute?
Answer: The law enacted by Congress that creates the agency and defines its authority and powers
An enabling statute is the legislation that creates an administrative agency, outlines its mission, grants its powers, and sets the boundaries within which it must operate.
What standard of review applies to agency legal interpretations?
Answer: Courts may defer to reasonable agency interpretations of ambiguous statutes they administer
Courts may give deference to an agency's interpretation of an ambiguous statute it administers, though the level of deference depends on factors like the formality of the interpretation.
What is exhaustion of administrative remedies?
Answer: A requirement that parties must pursue all available agency processes before seeking court review
Exhaustion requires parties to complete available administrative proceedings before filing suit in court, allowing agencies to apply their expertise and potentially resolve disputes without litigation.
What is arbitrary and capricious review?
Answer: A standard where courts overturn agency actions taken without rational basis or adequate consideration of relevant factors
Under arbitrary and capricious review, courts assess whether the agency considered relevant factors, made a clear error of judgment, or acted in a manner not based on rational analysis of the evidence.