Administrative law – agency processes

In this Assignment, you will write a 6–8 page essay (including Cover and Reference pages) addressing the questions identified in the three scenarios below.

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In each of the scenarios below, you will research and analyze the processes of an agency decision or action and assess how the processes in a specific situation contribute to a possible outcome. While analyzing these questions, include the following terms and show how they are applicable to the given scenario:

·             Substantive Rule Making

·             Interpretive Rule Making

·             Licensing Powers

·             Federal Register

·             Administrative subpoena

·             Administrative search

·             Administrative decision

·             Due Process

·             Complaint

·             Administrative hearing

·             Order

·             Administrative remedies

For these scenarios, you may access the websites of the particular administrative agencies (particularly for Scenario B) and use any other reliable sources.

SCENARIO A

You work as a consultant in environmental regulatory issues. A new client is a waste management firm. Your boss had obtained a license from the Environmental Protection Agency (EPA) to participate in a “green”-disposal credit program. His license is later revoked without a hearing. Your client wants to know:

1.          Does he have a constitutional challenge for the revocation of a license?

2.          If he is unsuccessful in challenging the EPA regarding the revocation of his license, can he take the revocation of his license to court?

SCENARIO B

You work for a nonprofit that counsels people who have discrimination problems in the workplace. A woman who has been sexually harassed at work asks how she might prosecute a case with a federal agency. You know the Equal Employment Opportunity Commission would handle this case. After researching, you explain to her:

1.          How to file a complaint with the EEOC.

2.          What the EEOC’s investigative powers are and how the EEOC conducts an investigation.

3.          Whether the final agency action would be a decision or alternative dispute resolution. Explain both types of final agency actions.

SCENARIO C

You are an administrative law attorney for a businessperson who owns a building downtown that has exceptions from being handicapped-accessible. He has heard that the Department of Justice’s Americans with Disabilities Act (ADA) division is proposing a rule that will remove those particular exceptions. You feel that this is a substantive rule. You need to explain to him how the following might apply in his case:

1.          The differences between formal and informal rule-making.

2.          The differences between substantive and interpretive rulemaking.

3.          Why a substantive rule allows for the public notice and comment and how one can find the rule.

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