Maricopa Community Colleges  LAS218   20026-20035 
Official Course Description: MCCCD Approval: 04/23/02
LAS218 20026-20035 LEC 3 Credit(s) 3 Period(s)
Administrative Law
Introduction to fundamental administrative law concepts including the delegation of powers, due process, citizen access and participation, rulemaking, adjudication, and judicial review. Emphasis on Arizona administrative procedures and the role of the paralegal in informal and prehearing advocacy and proceedings before a hearing officer. Prerequisites: ENG101, (LAS101 or TCA101) and (LAS109 or TCA102), or permission of department chair or program director.
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MCCCD Official Course Competencies:
 
LAS218   20026-20035 Administrative Law
1. Describe the importance of the administrative law system in our society. (I)
2. List characteristics of administrative agencies. (I)
3. Summarize the concept of delegation of powers. (II)
4. Distinguish between rulemaking and adjudicatory actions. (III)
5. Assess the importance of due process in the administrative law system. (IV)
6. Summarize the procedures a government agency must follow in acquiring information. (V)
7. Question and debate the rights of citizen access to information held by administrative agencies and citizens participating in proceedings of administrative agencies. (VI)
8. Summarize the concept and application of informal prehearing advocacy proceedings. (VII)
9. Describe the types of proceedings before an administrative hearing officer. (VIII)
10. List the basic procedures followed in an administrative hearing. (VIII)
11. Explain the concept and application of judicial review of administrative decisions. (IX)
12. Detect and summarize administrative law issues in an oral presentation of a selected case study. (I-IX)
13. Apply administrative law principles by preparing for and participating in a mock administrative hearing to appropriate legal problems on a case-by-case basis. (I-IX)
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MCCCD Official Course Outline:
 
LAS218   20026-20035 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
          C. Delegation
        III. Rulemaking and Adjudication
            A. Distinction between rulemaking and adjudicatory actions
            B. Types of rules
            C. Formal rulemaking procedure
            D. Informal rulemaking procedure
            E. Federal Administrative Procedure Act
            F. State Administrative Procedure Act
          IV. Requirement of Opportunity to be Heard
              A. Right versus privilege
              B. Due process
              C. Right to notice
              D. Right to a hearing
            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 and Participation
                  A. Freedom of Information Act
                  B. Government need for confidentiality
                  C. Private need for confidentiality
                  D. State privacy act
                  E. Sunshine laws and government
                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
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