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Administrative Law Syllabus for Legal Studies and Paralegal Students

This is a model syllabus for an Administrative Law course for undergraduate legal studies or paralegal students. 

  1. What is Administrative Law?

     

    1. History
    2. Growth beginning in the Early 1930’s -
                CALI Lesson: Growth of the Modern Administrative State (ADM23)
    3. Nature and Effect of Administrative Law in Everyday Life
    4. Importance of Administrative Law
      1. Administrative Law Permeates Lives of Individual and Corporate Clients
      2. Administrative Law Offers Employment Opportunities for Paralegals
        1. Federal
        2. State
        3. County
        4. City
  2. Source of Administrative Law
         CALI Lesson: Introduction and Sources of Authority for Administrative Law (LWR33)
         CALI Lesson: Researching Federal Administrative Regulations (LWR06)
    1. Constitutions
      1. United States Constitution
             CALI Lesson: Constitutional Placement of the Administrative Process (ADM05)
      2. State Constitutions
    2. Statutes of Broad Application
      1. Administrative Procedure Act
      2. Freedom of Information Act
      3. State Open Records Act (Open Meetings Act)
      4. Privacy Act
      5. Uniform Administrative Procedures Act
    3. Enabling Statutes
    4. Regulations
    5. Case Law
    6. Presidential Documents
  3. What is an Agency?
    1. Definition
    2. Sample Agencies
           CALI Lesson: Internal Agency Materials (LR50)
    3. Establishment
    4. How Administrative Agencies Fit into the United States’ System of Government
    5. Delegation of Authority and the Separation of Powers
      1. What is delegation?
      2. Delegation of legislative authority
      3. Delegation of judicial authority
      4. The Nondelegation Doctrine today
             CALI Lesson: Unlawful Delegation (ADM16)
    6. Diversity of Agencies
  4. Requirement of Fairness
    1. The Framework for Due Process
           CALI Lesson: Hearing Procedures Required by Due Process – The Basic Analysis (ADM07)
    2. Protected Interests
      1. Life
      2. Liberty
      3. Property (Entitlements; Government Employment; Licenses; Utilities; Education)
    3. Cost / Benefit Analysis 
    4. Procedures
      1. Notice
      2. A Timely and Meaningful Hearing
    5. Equal Protection
  5. Agency Investigatory Powers
         CALI Lesson: Administrative Inspection (ADM19)
    1. Constitutional Protections
      1. 4th Amendment
      2. 5th Amendment
    2. Record Keeping and Reporting Requirements
    3. On-Site Investigations
    4. Other Methods of Investigation
    5. Subpoenas and Search Warrants
    6. Legality of Agency Demands
      1. Statutory Authority
      2. Legitimate Purpose
      3. Relevancy
      4. Specific and Not Burdensome
  6. Agency Rulemaking
         CALI Lesson: Rulemaking: Federal Register and CFR (LWR19)
    1. Why Agencies Promulgate Regulations
    2. Methods of Formulating Policy
           CALI Lesson: Commencement of Rulemaking (ADM12)
    3. Exemptions from Rulemaking Procedures
           CALI Lesson: Commencement of Rulemaking (ADM12)
    4. Types of Rulemaking
           CALI Lesson: Adjudicative rules (ADM09)
           CALI Lesson: Ratemaking by administrative agencies (ADM04)
    5. Procedures
           CALI Lesson: Ex Parte Communications in Administrative Law (ADM03)
      1. Formal
             CALI Lesson: Formal Rulemaking (ADM10)
      2. Informal
             CALI Lesson: Informal Rulemaking (ADM11)
      3. Negotiated Rulemaking
             CALI Lesson: Hybrid Rules (ADM21)
    6. Hearings and Implementation
    7. Appeals and Adjudication
    8. Enforcement and Sanctions
  7. Formal Adjudications
         CALI Lesson: Three Models of Agency Adjudication (ADM01)
    1. Notice
    2. Parties and Participation
    3. Discovery
    4. Pre-hearing conferences
    5. The role of the Administrative Law Judge
           CALI Lesson: Administrative Law Judges (ADM24)
    6. The hearing
      1. Admissibility of evidence
             CALI Lesson: Ex Parte Communications in Administrative Law (ADM03)
      2. Burden of proof
      3. Representation by counsel and attorney fees
      4. Findings of Fact and Conclusions of Law
  8. Judicial Review of Agency Decisions
         CALI Lesson: Judicial Review of Rulemaking (ADM13)
         CALI Lesson: Agency Decisions and Order (LR57)
    1. Purpose
    2. Statutory Authority
           CALI Lesson: Committed to Agency Discretion (ADM18)
    3. Standing
           CALI Lesson: Standing (Constitutional Issues) Introduction (ADM17)
           CALI Lesson: Standing (Specialized Issues) (ADM20)
           CALI Lesson: Standing: Causation (ADM26)
    4. Timing of review
    5. Scope of review
           CALI Lesson: Chevron deference (ADM14)
           CALI Lesson: Scope of judicial review of agency decisions (ADM02)
  9. Uniform Administrative Procedure Act (A Closer Look)
         CALI Lesson: Basic Structure of the Federal Administrative Procedure Act (ADM06)
    1. Established Procedures Administrative Agencies Must Follow
    2. Regulation:  Agencies Under the UAPA
      1. Definition of a “Rule”
      2. Effect of Failure to Comply with UAPA Rule-Making Process
    3. Rule-Making Process Required Under UAPA
      1. Notice to the Public
      2. Promulgation of Rules After Public Hearing
      3. Promulgation of Rules without Public Hearing
      4. Hearing on Proposed Rules
      5. Approval
      6. Filing
      7. Special Rules
        1. Emergency Rules
        2. Public Necessity Rules
    4. Contested Case Hearings Under UAPA
      1. Constitutional Background
      2. Definition of a “Contested Case”
      3. Trial Type
      4. Presiding Authority
    5. Examples of Contested Case Hearings
    6. Judicial Review of Contested Cases
      1. Confined to the Record of the Administrative Proceedings
             CALI Lesson: Deliberative Process Privilege (ADM22)
      2. Limited Judicial Review
  10. State Administrative Law
    1. Branches of State Government
      1. Legislative
      2. Judicial
      3. Executive
    2. Agencies of the Executive Branch of State Government
      1. Definition and Purpose
      2. Functions
        1. Confer Government Benefits
        2. Regulate and Control Activities of Citizenry
        3. Miscellaneous
      3. Overview of Size and Significance
      4. Types
        1. Departments
        2. Boards and Commissions
    3. Authority of Administrative Agencies
      1. State Legislative Controls
      2. Establishes Agencies
      3. Defines Agency Purpose
    4. Regulations, the “Legislative” Function of Administrative Agencies
      1. Promulgated by the Agency
      2. Purpose:
        1. General
        2. Specific
      3. Force and Effect of Law
    5. Limitations on Authority to Promulgate Regulations
      1. Separation of Powers
      2. Scope of Statutory Authority
      3. Constitutional Rights
    6. Parallel Federal Agencies
      1. Enforcement
        1. Injunction
        2. Revocation of Licensure or Permit
        3. Criminal Prosecution
        4. Civil Penalties
    7. State Attorney General
  11. Municipal Administrative Law
    1. Government — Permanent Boards
      1. Governmental, Administrative, or Quasi-Judicial Authority
      2. City’s Code of Ethics and Financial Disclosure Statements
    2. Advisory Boards
      1. Study Issues and Make Recommendations to the City Council
      2. Council or City Staff Consideration
      3. Members May Not Engage in Certain Unethical Conduct, But They Legally Need Not File Financial Disclosure Statements or Abide by All Ethical Provisions
    3. C. Ad Hoc Committees and Task Forces — Consider Special Issues
  12. Social Security Administration
    1. Classification
      1. Retirement and Survivors Benefits
      2. Disability Insurance
      3. Medicare
      4. Supplemental Security Income
    2. The Statutory Requirements for Entitlement
    3. Disability within the meaning of the Social Security Act
      1. The Statutory Definition of Disability
      2. The Regulatory Definition of Disability
    4. The Sequential Evaluation Process
    5. Procedures
      1. Application
      2. Denial
      3. Request for Reconsideration
      4. Reconsideration
      5. 5. Hearing (if denied benefits)
      6. ALJ Decision
      7. Request for Review
      8. U.S. District Court
      9. Appeal
    6. Paralegal Participation
    7. SSA Utilization of Paralegals
    8. Recent Developments
  13. United States Department of Labor
    1. Fair Labor Standards Act
    2. Standards
    3. Common Terms Used in the FLSA
    4. Recordkeeping
    5. Coverage
    6. Employees Who Can be Paid Below Minimum Wage
    7. Exemptions
    8. Child Labor Laws and Exemptions
    9. Agricultural Jobs
    10. Non-Agricultural Jobs
    11. Hazardous Occupations for Children
    12. Enforcement
    13. Employee Polygraph Protection Act
    14. Equal Employment Opportunity Commission
    15. Civil Rights Act, Title VII
    16. Equal Pay Act of 1963
    17. American with Disabilities Act of 1990
    18. EEOC Enforcement
    19. Paralegal Participation
  14. Legal Ethics: Rules and Standards of Conduct for Agency Employees
    1. How State and Federal Rules of Professional Conduct Rules Differ
    2. Why It Is Important for Paralegal to be Familiar with State and Federal Rules of Professional Conduct
    3. Ethics Rules of General Applicability
      1. Duty to Supervise Nonlawyers Assistants
      2. Duty to Preserve/Protect Client Confidences
      3. Successive Government and Private Employment
    4. Statutes and Regulations Specific to Federal Government Employees
      1. Sources of Law of the Standards of Conduct of Government Employees
      2. Sources for Ethics Advice for Federal Agency Employees
      3. Coverage
      4. Underlying Principles of the Standards
      5. Summary of Standards
      6. Gifts from Outside Sources
      7. Gifts between Employees
      8. Conflicting Financial Interests
      9. Impartiality in Performing Official Duties
      10. Seeking Other Employment
      11. Misuse of Position
      12. Outside Activities