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State Administrative Law Outline

State Administrative Law Outline

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Published by Nathan Kark

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Published by: Nathan Kark on Dec 06, 2012
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12/06/2012

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1
State Administrative Law
1.
 
Fundamental Administrative Law Principals
a.
 
Separation of powers (Art III Sec. 2):i.
 
The powers of the government are divided into three branches: Legislative,Judicial, and Executiveii.
 
No person exercising powers of one branch shall exercise powers that belong to another branch unless allowed by the constitution.b.
 
Legislative power: Vested in the House and the Senatec.
 
Judicial power: Vested in one court of justice that is divided into:i.
 
One supreme court ii.
 
One court of appealsiii.
 
One trial court of general jurisdiction (Circuit Court)iv.
 
One probate court v.
 
One court of limited jurisdiction if 2/3 vote creates one in the House andSenated.
 
Executive power: Vested in the Governore.
 
What is an agency?i.
 
Created by statuteii.
 
Has the power to adopt rules and hear complaintsiii.
 
Not for private purposeiv.
 
HE will not ask what makes a state agency
just know from the cases whichones are which ones are not 1.
 
If you ever question whether it is or not, argue in the alternative
2.
 
Delegation of Powers
a.
 
Department of Natural Resources v. Seamen
 
Proper delegation
i.
 
The director of the DNR placed net size limitations on fishing operationsii.
 
D issued fishing license but complained of net size and other thingsiii.
 
DNR seizure found that D was using illegal netsiv.
 
Director claims got his authority from Commercial Fishing lawv.
 
Issue
: Is this delegation an unconstitutional delegation of authority?vi.
 
Rule
: The legislature cannot delegate its power to make a law BUT
thelegislature can delegate a power to determine some fact or status on thelaw or what the law intends to makevii.
 
Goal of Delegation
: To make sure people are protected from exercise of authorityviii.
 
Test: To determine sufficient standards
(Sufficient Standards Test-talking points)
these are the standards to avoid arbitrary agency action(Whether or not the delegation was proper)1.
 
Read the statute as a whole (to find intent)2.
 
Statutes must be as reasonably precise to guide as possible3.
 
Construe the statute as validix.
 
Holdings
:1.
 
Reading the statute as a whole
Intent was to protect fish
thedirector can analyze commercial fishing to protect fish
this allowsthe director to make factual determinations on the legislation2.
 
Reasonably precise: Found to be as reasonably precise as thesubject matter could allowa.
 
This was because fish are state property, the legislaturewanted to protect them but knew that the director wouldhave expertise that they did not to ensure the fishpopulation was healthy3.
 
Validity presumed:_ Yes
so long as the director was not acting inan arbitrary and discriminatory fashionb.
 
Westevervelt v. Natural Resources Commission
 
Proper delegation
 
 
2
i.
 
West owned a canoe and boat livery operation and sued the DNR and itsdirector against the enforcement of proposed river use regulationsii.
 
The regulations would present a significant route change that would hurt businessiii.
 
Issue
: Whether the legislature had the authority to delegate this power tothe director1.
 
For similar reasons in Seamen, they did
delegation was properiv.
 
The difference from Seamen
: The court was not sure if the Directorsexercise of delegated authority was within the scope of the authoritydelegated
it was remanded to the lower court to determine with fact findingc.
 
Stuart v. Spencer Coal
Judicial delegationi.
 
The department of Labor and industry granted a work compensation awardto P
Insurance company appealsii.
 
The department has quasi-judicial authority but does not have full judicialauthority1.
 
It is limited to make special determinations on all questions arising
under “compensation law”
 iii.
 
The agency had the statutory authority to determine the rights of theparties1.
 
The agency was not able to apportion the damagesd.
 
Lesniak v. Fair Employment Practices
 
Question of Executive delegation to the courts
i.
 
Rule
: Once delegated to another agency, the legislature may not reserveany of the same for themselvesii.
 
Lesniak complained that her former employer, Wayne County, failed toreinstate her in an eligibility list based on her nationalityiii.
 
The Wayne County Civil Service commission then determined that it wasnot discrimination based on the factsiv.
 
Then L petitioned the circuit court for de novo review (Court can use itsown judgment to interpret the error of a lower court)v.
 
Intent taken as a whole1.
 
Legislature did not intend for a whole new proceeding by stating denovo review because of several inconsistent provisionse.
 
Coffman v. State Board of Optometryi.
 
Coffman went to an optometry school in another state and subsequentlymoved to Michigan to practiceii.
 
He did not sit for the Michigan optometry exam and was not allowed topractice in Michiganiii.
 
Issue
: Can the state delegate authority to an agency that then delegates that same authority to a non-governmental agency?1.
 
Noiv.
 
Rule:
Delegation of government authority to a private party isunconstitutionalv.
 
End result: we do not have to go to ABA approved law schoolsvi.
 
The regulation of law here is not state regulated
3.
 
Freedom of Information Act (FOIA)a.
 
FOIA makes government records
“available to any person,”
not just a party in anagency proceeding. An individual is given a legally enforceable right of access togovernment files and documents and one not limited to those needed for litigationin an actual case.
 b.
 
The policies behind FOIA are as follows
 i.
 
That 
disclosure be the general rule, not the exception
;
 ii.
 
That all individuals have equal rights of access;
 iii.
 
That the burden be on the Government to justify the withholding of adocument, not on the person who requests it;
 
 
3
iv.
 
That individuals improperly denied access to documents have a right toseek injunctive relief in the courts;
 v.
 
That there be a change in Government policy and attitude.
 c.
 
 All a complainant must allege in an action under FOIA
is that he made a request for identifiable records, which the agency turned down. The burden then shifts tothe agency to justify its refusal.
 
d.
 
Requirements to be subject to FOIA:i.
 
Must be requestedii.
 
Sought from a public bodyiii.
 
Must be public recordsiv.
 
Cannot be incarceratedv.
 
Cannot be exemptede.
 
What is a public body?i.
 
Government and all local units of the legislative and executive branch
allstate agencies1.
 
Legislative
 
boards, agencies…
2.
 
County, city, etc….
3.
 
Any body that is created through state or local authority; anda.
 
Funded through state or local authorityii.
 
Courts and the governor/lieutenant governor are not public bodiesiii.
 
List of public bodies that have rulemaking authority (assumed) from class
:1.
 
Michigan State University (Booth)2.
 
Michigan Liquor Control Board3.
 
Public Service Commission4.
 
Michigan Department of Education5.
 
Department of Public Healthf.
 
What are public records?i.
 
It would be a public record if it were prepared in the official function of thepublic bodyg.
 
What are the exemptions?i.
 
Clearly unwarranted invasion of an individual’s privacy
 1.
 
Must be of personal natureii.
 
Investigation records compiled for law enforcement purposes1.
 
Only to the extent of the following:a.
 
Interfere with law enforcement proceedingsb.
 
Deprive an individual of a right to fair trialc.
 
Constitute an unwarranted invasion of privacyd.
 
Disclose the identification of a confidential sourcee.
 
Disclose investigative techniquesf.
 
Endanger life or property of a law enforcement personnelg.
 
Would jeopardize the security of penal institutionsiii.
 
Records that are exempted by statuteiv.
 
Trade secrets of a commercial or trade organization that are submittedvoluntarily to public body if:1.
 
Submitted with the promise of confidentiality; and2.
 
The confidentiality is authorized by the head officer or electedofficial;3.
 
A description has been submitted within a reasonable about of timev.
 
Information subject to attorney/client privilegevi.
 
Information subject to physician/client privilegevii.
 
Bid proposals to public bodyviii.
 
Test questions and answersh.
 
Process to request records:i.
 
Request made in writing that:

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