Administrative Law Syllabus Spring 2019

Resources about adjudication, rulemaking and information management by government agencies.

US Constitution

Federal Administrative Procedure Act resources

Federal Freedom of Information Act and other public records resources

Administrative Law & the U.S. Code

Major Themes

Florida APA and Admin Law Excerpts

Sec. 120.52(16), Fla. Stat. “Rule” means each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the procedure or practice requirements of an agency and includes any form which imposes any requirement or solicits any information not specifically required by statute or by an existing rule. The term also includes the amendment or repeal of a rule. The term does not include:
(a) Internal management memoranda which do not affect either the private interests of any person or any plan or procedure important to the public and which have no application outside the agency issuing the memorandum.
(b) Legal memoranda or opinions issued to an agency by the Attorney General or agency legal opinions prior to their use in connection with an agency action.
(c) The preparation or modification of:
1. Agency budgets.
2. Statements, memoranda, or instructions to state agencies issued by the Chief Financial Officer or Comptroller as chief fiscal officer of the state and relating or pertaining to claims for payment submitted by state agencies to the Chief Financial Officer or Comptroller.
3. Contractual provisions reached as a result of collective bargaining.
4. Memoranda issued by the Executive Office of the Governor relating to information resources management

Sec. 120.54(1)(a)1., Fla. Stat.  Rulemaking is not a matter of agency discretion.  Each agency statement defined as a rule by s. 120.52 shall be adopted by the rulemaking procedure … Rulemaking shall be presumed feasible unless the agency proves that:
a. The agency has not had sufficient time to acquire the knowledge and experience reasonably necessary to address a statement by rulemaking; or
b. Related matters are not sufficiently resolved to enable the agency to address a statement by rulemaking.

Sec. 120.54(1)(e), Fla. Stat. No agency has inherent rulemaking authority, nor has any agency authority to establish penalties for violation of a rule unless the Legislature, when establishing a penalty, specifically provides that the penalty applies to rules.

Art. V, Sec. 21, Fla. Const. Judicial interpretation of statutes and rules. In interpreting a state statute or rule, a state court or an officer hearing an administrative action pursuant to general law may not defer to an administrative agency’s interpretation of such statute or rule and, instead, must interpret such statute or rule de novo.

Disaster Management