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Admin Law 23, Chs 8 and 9, vocab/concept review

Across
Adjudications are the administrative equivalent of court ___.
Under the __ doctrine, courts will uphold an agency’s interpretation of its own regulation unless that interpretation is “plainly erroneous or inconsistent with the regulation.”
The Federal Rules of Evidence are instructive but not binding on administrative judges in determining the admissibility of a piece of evidence. Rather the administrative judge determines whether the evidence offered is relevant, material, and not unduly ___.
The ___ doctrine requires that the person bringing the suit have a personal interest in the case.
Agencies are held accountable for their actions, and constitutional, statutory, and other limitations on agency actions are enforced through ___ review.
Notice and the opportunity to participate must be afforded to all parties in ___.
Agency heads frequently delegate the duty of conducting a ___ to subordinate agency officials; including: administrative hearing officers, hearing examiners, referees, presiding officers, and administrative law judges.
Proper notice of an adjudication also requires that the agency inform the parties of the legal authority, the ___ under which the hearing is to be held, and the matters of fact and law asserted.
Parties generally have the right to legal ___ at administrative adjudications.
Typically only ___ agency actions may be reviewed by courts, because before the final action the case would not be considered ripe.
The doctrine of ___ (completion) of administrative remedies requires that an agency render a final decision on all available relevant remedies before judicial review takes place.
Although the Constitution does not require prehearing ___ in administrative proceedings, an exchange of information about the case prior to a hearing, utilizing ___ tools, is available in many administrative proceedings.
Administrative judges must be neutral, and so must have no financial ___ in the case, no personal bias in the case, and must not prejudge the case.
A(n) ___ is prejudicial only if it affects the outcome of the case. If harmless, they do not render an adjudication reversible.
Any proceeding that ___ in an order is an adjudication.
The Federal ___ of Information Act permits citizens access to public documents and information.
The APA requires trial-like procedures only if the separate statute providing for a hearing specifies that the adjudication is "required by statute to be determined on the ___ after opportunity for an agency hearing."
The least deferential standard of review commonly applied to administrative actions is the ___ novo standard of review. No deference is given to agency factual findings under the ___ novo standard, and the reviewing court may substitute its judgment for the agency’s.
Down
The APA requires that decisions in adjudications must be made in writing, be made part of the record, must be supported by findings and conclusions, findings and conclusions must be rendered on all material facts, and the reasons and ___ for decisions must be specified.
Section 554 of the Administrative Procedures Act sets out the procedures for agency ___.
The most deferential standard of review commonly applied to administrative actions is the arbitrary, capricious, ___ of discretion standard of review. Agency decisions are presumed valid and are affirmed if rational. Clear error, or a showing that the agency action was arbitrary or capricious, is required to overturn an agency decision. The arbitrary, capricious, ___ of discretion standard applies to all informal agency actions.
The APA does not deal with the issue of ___ communications. (Examples, husband/wife, attorney/client, physician/patient.) Protections of __ communications are however recognized in most administrative proceedings.
The notice requirement of being "timely informed" of the time, place, and nature of the hearing varies from case to case and may be further defined in the specific ___ or regulation involved.
Proper ___ of a hearing or adjudication requires that the parties be "timely informed" of the time, place, and nature of the hearing.
Ways to __ in an adjudication, aside from being a party, include being a witness, filing an amicus curiae brief, and being a part of a class action.
The medium-level standard of review commonly applied to administrative actions is the ___ evidence standard of review. The reviewing court examines the facts and conclusions of agency, the court may not substitute its judgment, and the reviewing court affirms the agency decision if it is supported by ___ evidence. This standard is used for review of formal rulemaking and decisions from a formal adjudication.
The process by which a nonparty to a case becomes a party by claiming that he or she has a legitimate interest in the outcome of the case.
___ in interest include all who are subject to an agency action (claimant for benefits, licensee, one who is alleged to have violated a law) but also others who may suffer some injury or loss pursuant to an agency action, even if that action is directed at another.
The ___ Act requires that those prosecuting cases for the government must disclose prior statements of government witnesses after those witnesses have testified.
A ___ action is a lawsuit brought by a citizen against someone who has defrauded the government. The citizen who brings a ___ action is entitled to keep a portion of the proceeds of the lawsuit.
In ___ cases, no formal adjudication is required but the APA specifies that the proceeding must occur within a reasonable period of time, and the licensee must be given written notice of facts or conduct supporting potential adverse decisions before the decision is rendered, with the exception that written prior notice is not required if public safety, public health or public interest is at risk.
Broader than the judicial notice that a judge can take in a court case, the presiding officer at an administrative hearing may take ___ notice not only of a fact that is obvious to an average person; and, but also facts obvious only to experts in the field.
A common type of adjudication is a proceeding to determine if an individual or person has ___ a regulation or statute.
The Legal ___ Rule dictates that agency decisions may be made in large part on evidence not admissible in court but may not be made entirely on such evidence. A minimum ___ of competent evidence must support the agency’s decision.
Under the __ doctrine, a court will defer to an agency’s reasonable interpretation of an ambiguous statute.
All agency actions, including licensing, that are not rulemaking, are ___.
The degree to which a court defers to agency expertise is called the ___ of review.
The ___ jurisdiction doctrine requires that a court refer a case to the appropriate administrative agency for initial review when the issues raised in the suit are in the agency’s jurisdiction.
There is no right to a ___ in administrative proceedings.
The exclusionary ___ , holding that evidence obtained unconstitutionally or illegally is inadmissible in criminal cases. The ___ applies in some but not all administrative proceedings.