ADMINISTRATIVE LAW CASE LIST Subject Rule of Law/Policy Case Holding/Dissent Rulemaking § 553- informal rulemaking Bi-Metallic- agency APA- does not tell agency § 556-57 formal agreed to make a when to use rulemaking (rarely broad evaluation rulemaking/adjudication. happens) increase Rulemaking is appropriate Non-legislative rules when there is across the exempt from § 553 board action that affects a rulemaking large # of people in the same way, and this decision is § 551(4) rule means the based on legislative facts. whole or part of an agency Rulemaking is more cost sttement of general or efficient, and there is political particular applicability and accountability. future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency… Adjudication §§ 554, 556-57- formal Londer: the city If an action should have adjudication procedures assessed a special tax proceeded as an adjudication, APA doesn’t have informal for a neighborhood if the agency pursues adjudication procedures without an rulemaking instead, it may but § 555 applies to all opportunity for a violate their due process. adjudications hearing. Adjudication is appropriate when the agency decision § 551(7) adjudication affects a few people and they means agency process for are affected uniquely and on the formulation of an order, individualized grounds, and which is (6) the whole or a the decision is based on part of a final disposition, judicial facts. This argument whether affirmative, is a difficult one to make negative, injunctive, or however, See South Terminal declaratory in form, of an Corp. v EPA. agency in a matter other than rule making but including Separation of Powers Independent agency: one FCC v Fox Television Justice Scalia: There is no that is not located within a Stations: the FCC is reason to magnify the department both an independent separation of powers agency AND an dilemma posed by the Independent independent headless fourth brach- to do establishment- one that is establishment so would be a violation of the insulated from president unitary executive by Article because can only remove III judges. “for cause” Justice Stevens: independent establishments/agencies like the FCC/FTC cannot be
ADMINISTRATIVE LAW CASE LIST Subject Rule of Law/Policy Case Holding/Dissent Rulemaking § 553- informal rulemaking § 556-57 formal rulemaking (rarely happens) Non-legislative rules exempt from § 553 rulemaking § 551(4) rule means the whole or part of an agency sttement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency… Bi-Metallic- agency agreed to make a broad evaluation increase APA- does not tell agency when to use rulemaking/adjudication. Rulemaking is appropriate when there is across the board action that affects a large # of people in the same way, and this decision is based on legislative facts. Rulemaking is more cost efficient, and there is political accountability. Adjudication §§ 554, 556-57- formal adjudication procedures APA doesn’t have informal adjudication procedures but § 555 applies to all adjudications § 551(7) adjudication means agency process for the formulation of an order, which is (6) the whole or a part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rule making but including Londer: the city assessed a special tax for a neighborhood without an opportunity for a hearing. If an action should have proceeded as an adjudication, if the agency pursues rulemaking instead, it may violate their due process. Adjudication is appropriate when the agency decision affects a few people and they are affected uniquely and on individualized grounds, and the decision is based on judicial facts. This argument is a difficult one to make however, See South Terminal Corp. v EPA. Separation of Powers Independent agency: one that is not located within a department Independent establishment- one that is insulated from president because can only remove “for cause” FCC v Fox Television Stations: the FCC is both an independent agency AND an independent establishment Justice Scalia: There is no reason to magnify the separation of powers dilemma posed by the headless fourth brach- to do so would be a violation of the unitary executive by Article III judges. Justice Stevens: independent establishments/agencies like the FCC/FTC cannot be
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