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Law Fact
Has the agencys action created a rule that has the force of law?
Skidmore Deference
Yes
Was the agencys rule created by a formal adjudication? Chevron Deference, dickhead.
No Yes
Yes
No
No
Whats the procedural origin of the decision? Informal Rulemaking Formal Adjudication 706 (A): A&C (Chevron Step 2) 706 (B): Contrary to constl right, et al. 706 (C): in excess of staty jurisdiction 706 (D): w/o observance of procedure reqd by law 706 (E): Unsupported by substantial evidence 706 (F): Unwarranted by the facts (de Novo) Universal Camera focus on Frankfurters contribution Questions of law/policy open to full review, but agency should be reluctant to disturb findings of fact Did the official exceed the scope of his authority? Was the authority abused?
No
No Yes
Yes
Was there a rational connection between the facts and the choice made?
Did agency 1) Consider only relevant factors? (State Farm) 2) Avoid omitting important matters? 3) Avoid fact conclusions that contravene the evidence on the record? (State Farm) 4) Avoid unreasonable policy decisions? (MA v. EPA)
Enforcing nonadjudicatory agency action w/ issues that have never been raised before the agency
Yes
No
How much process do I give? (1) (2) (3) Eldridge Test: What is the interest to the individual? What is the risk of error in the process and the value of the added process? Whats the government interest in administrative efficiency? Minimum Due Process (Goss) Meaningful notice Opportunity to Rebut (also Memphis Light) Neutral Decisionmaker At least some evidence to support the governments position
Financial interest in the outcome of the decision: e.g. Tumey v. Ohio asshole mayor BUT Interest in occupational licensing: e.g. No problem where licensing body seeks to Gibson, where a board of private exclude individual members (e.g. ABA) optometrists was trying to dick over (by refusing to license corporate practice BUT (re bias) optometrists Mixture of prosecutorial and deciding Bias: Rule: whether a disinterested powers does not violate due process e.g. observer may conclude that the agency Withrow, where board conducted has prejudged the facts as well as the law investigation, found probable cause, then of a particular case before hearing it e.g. making a speech before the hearing also sat for formal hearing to revoke license (Cinderella II) e.g. Having prior dealings with the Crux of Bias: adjudicated industry (American Whether exoneration would give the Cyanamid) appearance of error or a change in judgment.