Ch6. Administrative Law — Agency Actions & Administrative Appeals

Types of Agency Action

Ministerial (Bound) Action:
No discretion — agency must act when
statutory conditions are met.
Required issuance upon qualifying application.

Discretionary Action:
Agency exercises judgment within
statutory limits.
Abuse or excess of discretion = unlawful.

Quasi-Legislative Acts:
Certification, attestation, notification, acceptance.
Legal effect flows directly from statute.

Constitutive Acts:
Grant (creation of rights/status)
License (lifting of a prohibition)
Approval (completing a legal transaction)

Defects in Agency Action

Void (Null and Void):
Fundamental and apparent defect.
No legal effect from the outset.
Challenged via declaratory judgment (void).

Voidable:
Defect exists but not fundamental.
Valid until set aside (presumption of regularity).
Challenged by appeal or administrative review.

Finality (Ucontestability):
Once the challenge period expires, the action
can no longer be contested.
APA § 706 / judicial review: 60 days
(agency-specific statutes may vary; compare
Korean rule: 90 days from notice, 1 year from act)

Cure of Defect:
Post-hoc satisfaction of procedural requirements.
Accepted only in limited circumstances.

Administrative Appeals

Types of Administrative Appeal:
Cancellation Appeal: seek rescission of unlawful
  or improper agency action.
Nullity Confirmation: confirm void or expired status.
Obligation-to-Act Appeal: compel agency to act
  on improper refusal or inaction.

Filing Periods (US analogues):
APA § 704: exhaustion of administrative remedies.
Agency-specific: typically 30–60 days from
  final agency order (EEOC, MSPB, etc.).

Appeal Bodies:
Federal: Merit Systems Protection Board (MSPB),
  EEOC, Board of Immigration Appeals, etc.
State equivalents: State Administrative Hearing Offices.

Interim Relief:
Stay of execution pending appeal.
Required showing of irreparable harm.

Judicial Review — Rescission Action

APA § 706 Judicial Review Requirements:
Final agency action (Bennett v. Spear standard).
Standing: zone-of-interests test; injury-in-fact.
Proper respondent: the agency that acted.
Timeliness: 60 days (FOIA, environmental) or
  statute-specific; some circuits apply
  6-year residual SOL (28 U.S.C. § 2401).

Effects of Favorable Judgment:
Court sets aside action (5 U.S.C. § 706(2)).
Remand with or without vacatur.
Retroactive effect.

Indirect Enforcement:
Contempt / compliance orders for agency inaction
  after remand.

Types of Administrative Litigation:
Appellate (APA review): challenge to final order.
Party action: disputes over legal rights/duties
  under public law.
Class / citizen suit actions (environmental etc.).
Inter-agency disputes.

Judicial Review Period ★★★★★ : APA default = 60 days from final order; many agency-specific statutes vary. Always check the governing statute. Memory tip: Check the specific statute — no single universal deadline.

Administrative Appeal vs. Judicial Review ★★★★★ : Administrative appeal = agency reviews own action (wider grounds: unlawful + improper). Judicial review = court reviews for legal error only. Memory tip: Admin appeal = broader; court = law only.

Void vs. Voidable ★★★★☆ : Void = fundamental/apparent defect, challengeable at any time. Voidable = minor defect, must challenge within deadline. Memory tip: Void = no expiry; voidable = time limit.

Practice Quiz

Q. What is “presumption of regularity” in administrative law?

An agency action is presumed valid until a competent authority sets it aside. A defective action that is merely voidable (not void) still binds parties until formally overturned through the proper appeal or litigation channel. Void actions carry no such presumption and may be challenged collaterally (e.g., in civil or criminal proceedings).

Q. What is the relationship between administrative appeals and judicial review under the APA?

The APA requires exhaustion of administrative remedies before seeking judicial review (§ 704). In most cases a party must pursue available intra-agency appeals first. However, courts may excuse exhaustion where the agency lacks authority to grant relief, further proceedings would be futile, or exhaustion would cause irreparable harm. Once an administrative appeal is decided, the clock for judicial review (typically 60 days or the applicable statute) begins running from that final agency order.