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Official Course
Description: MCCCD Approval: 04/22/97 |
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TCA204 19976-20005 |
LEC |
3 Credit(s) |
3 Period(s) |
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Administrative Law |
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Role administrative law plays in political and legal systems, especially its role in shaping, guiding, and restricting administrative agencies in attempts to ensure due process. Rule-making, order-making, and judicial review. Emphasis on administrative advocacy in the fair hearing process particularly as it affects the benefits to which the individual Indian is entitled. Emphasis on practical advocacy. Prerequisites: None. |
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Go to Competencies Go to Outline
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MCCCD Official Course Competencies: |
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TCA204 19976-20005 |
Administrative Law |
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1. |
Describe the role of administrative agencies. (I) |
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2. |
Define rule-making, order-making, and judicial review as it operates in administrative agencies. (I, II) |
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Describe the accountability of administrative agencies. (II) |
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Explain the rules and structure of a given agency. (III) |
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Explain the concept of a fair hearing and procedural due process in administrative law. (III, IV) |
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Demonstrate the advocate acting in a client role in a mock fair hearing. (III, IV) |
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Role-play representing a client in an administrative hearing. (V) |
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8. |
Represent a client in a variety of mock hearings: Bureau of Indian Affairs (BIA), Indian Health Service (IHS) hearing, and welfare. (VI,VII, VIII) |
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Go to Description Go to top of Competencies
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MCCCD Official Course Outline: |
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TCA204 19976-20005 |
Administrative Law |
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I. Development of Administrative Agencies A. Delegation of authority B. Rule-making C. Administrative agencies orders D. Federal, state, and tribal administrative acts II. Accountability of Administrative Agencies A. Executive or legislative oversight B. Judicial review C. Freedom of Information Act (FOIA) and other disclosure issues D. Damage suits against the government III. Structure of Administrative Agencies A. Rules, structure, and procedures B. Administrative discretion C. Grievance or internal process D. Fair hearings E. Administrative law judges IV. Individual Rights in Administrative Schemes A. Administrative actions under the Fourth Amendment 1. Right to search and inspect 2. Right to arrest and imprison 3. Inspections involving welfare recipients B. Administrative actions under the Fifth Amendment C. Due process rights under the Fourteenth Amendment 1. Notice 2. Fair hearing V. Right to be Heard: Administrative Appeals and Other Challenges A. Social Security benefits 1. Social Security Administration (SSA) 2. Social Security Income (SSI) 3. Social Security Disability (SSD) B. Public benefits 1. Temporary Assistance to Needy Families (TANF) 2. General Assistance (GA) 3. Food stamps C. Medical care benefits 1. Medicare 2. Arizona Health Care Cost Containment System (AHCCCS) 3. Arizona Long-Term Care System (ALTCS) 4. Title XIX mental health care 5. State-funded mental health care D. Unemployment benefits E. Education/school 1. Special education/special needs 2. Discipline a. Expulsion b. Suspension c. Other F. Wage and hour laws G. Employment appeals VI. Individual Rights and the BIA A. Fair hearing procedures B. Appeals/review VII. Individual Rights and the IHS A. Relationship between IHS and Medicaid B. Fair hearing process through HIS C. Fair hearing process through Medicaid D. Appeals/review VIII. Individual Rights and the New Welfare "Reform" Bill A. Child support by tribal agencies B. Tribes creation of their own welfare agencies |