Official Course Description: MCCCD Approval: 12/14/99
LAS218 20006-20025	LEC	3 Credit(s)	3 Period(s)
Administrative Law
Introduction to basic administrative law concepts including the delegation of powers, due process and equal protection considerations, citizen access to administrative agencies, governmental immunity, rulemaking, adjudication, and judicial review. Emphasis on procedural aspects, including informal and prehearing advocacy, and proceedings before a hearing officer. Prerequisites: LAS110 or TCA102, or permission of department chairperson or program director/coordinator.

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MCCCD Official Course Competencies:
LAS218   20006-20025	Administrative Law

1.	Describe the importance of the administrative law system in our society. (I)
2.	List characteristics of administrative agencies. (I)
3.	Apply applicable administrative law principles to appropriate legal problems on a case-by-case basis. (I-X)
4.	Identify typical administrative law problems. (I-X)
5.	Explain the concept of delegation of powers. (II)
6.	Compare and contrast rulemaking and adjudicatory actions. (III)
7.	Distinguish between formal and informal rulemaking. (III)
8.	Describe the importance of due process in the administrative law system. (IV)
9.	Apply due process principles to claims based on deprivation of life, liberty and property. (IV)
10.	Define equal protection of the laws. (IV)
11.	Describe the procedures a government agency must follow in acquiring information. (V)
12.	Describe the rights of citizen access to information held by administrative agencies. (VI)
13.	Describe the importance of citizen access to information held by administrative agencies. (VI)
14.	Describe the right of citizens to participate in administrative agency proceedings. (VI)
15.	Explain the concept and application of informal prehearing advocacy proceedings. (VII)
16.	Describe the types of proceedings before an administrative hearing officer. (VIII)
17.	List the basic procedures followed in an administrative hearing. (VIII)
18.	Explain the concept and application of judicial review of administrative decisions. (IX)
19.	Describe the concept of governmental immunity from liability. (X)

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MCCCD Official Course Outline:
LAS218   20006-20025	Administrative Law

I. The Administrative Process A. Definition of administrative law B. Characteristics of administrative agencies C. Reasons for establishing administrative agencies D. Federal and state agency structure and agency function II. Delegation of Powers A. Federalism B. Separation of powers 1. Legislative 2. Executive 3. Judicial C. Delegation D. Delegation and criminal law III. Rulemaking and Adjudication A. Distinction between rulemaking and adjudicatory actions B. Types of rules C. Rulemaking procedure 1. Formal rulemaking 2. Informal rulemaking 3. Other D. Constitutional principles E. Ratemaking F. Taxation and revenues G. Federal Administrative Procedure Act H. State Administrative Procedure Act IV. Requirement of Opportunity to be Heard A. Right versus privilege B. Due process 1. Life 2. Liberty 3. Property a. Education b. Licenses c. Entitlements d. Employment 4. Right to notice 5. Right to a hearing C. Equal Protection V. Agency Acquisition of Information A. Required forms and reports B. Physical inspections and searches C. Compulsory process D. Paperwork Reduction Act VI. Citizens Access to Administrative Agencies A. Freedom of Information Act B. Government need for confidentiality C. Private need for confidentiality D. State privacy act E. Sunshine laws and government F. Participation in agency proceedings VII. Informal and Prehearing Advocacy A. Investigation as a substitute for adversary hearings B. Utilization of agency files and records C. Evidentiary considerations VIII. Proceedings before a Hearing Officer A. The selection, disqualification, and replacement of a hearing officer B. On the record proceedings C. Off the record proceedings and communications D. Political influence and pressure E. Conflict of interest and the revolving door IX. Judicial Review of Administrative Decisions A. Authority for judicial review B. Agency discretion C. Standing D. Timing of Review 1. Exhaustion of administrative remedies 2. Ripeness E. Scope and standards of review 1. Statutory 2. Non-statutory F. Common law doctrines X. Governmental Liability A. Sovereign immunity B. Federal Torts Claims Act C. Section 1983 claims 1. Absolute immunity 2. Qualified immunity 3. Functional approach a. Judges b. Law enforcement officers c. Prosecutors d. Public defenders e. Witnesses and jurors f. Legislators D. Actions based on the Constitution E. Common law torts and official immunity F. Tucker Act

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