Ch10. Administrative Law Comprehensive Review — Master Summary for Exam Prep

Series Overview

Ch1  Introduction          — Rule of law, proportionality,
                             legitimate expectations
Ch2  Agency Action         — Permits, grants, void/voidable,
                             rescission/revocation
Ch3  Rulemaking            — Legislative rules, guidance,
                             planning discretion
Ch4  Administrative Procedure — Notice, hearing, reasons
Ch5  Enforcement           — Substitution, civil penalties,
                             emergency action
Ch6  Remedies              — Administrative appeals,
                             judicial review, stays
Ch7  Government Liability  — FTCA, premises liability,
                             just compensation
Ch8  Local Government      — Ordinances, home rule,
                             residents' rights
Ch9  Civil Service Law     — Duties, discipline, MSPB
Ch10 Comprehensive Review  — Key deadlines, principles,
                             and exam formulas

Key Deadlines Reference Table

Matter	Deadline
Administrative appeal (typical federal)	30–60 days from final order
APA judicial review (default)	60 days from final order
Condemnation / taking challenge	30–90 days (varies by statute)
MSPB appeal (adverse action)	30 days from effective date
Judicial review after MSPB	60 days from MSPB final decision
Prior notice period (hearing)	Reasonable time (typically ≥15 days)
Comment period (NPRM)	30–60 days (major rules often more)

Agency Action Validity Comparison

Effect	Meaning	Key Point
Presumption of regularity	Valid until set aside	Not a presumption of legality
Binding force	Binds party and agency	Content of the action
Finality	Cannot be challenged after deadline	Void = no expiry
Quasi-judicial finality	Agency cannot unilaterally modify	Applies to ALJ / MSPB decisions

Void vs. Voidable

	Void	Voidable
Defect level	Fundamental + apparent	Minor unlawfulness
Time limit	None	Applies (30–60 days)
Collateral challenge	Yes	No
Ratification	Not possible	Possible (waiver / acquiescence)

Enforcement Tools Comparison

	Substitution	Civil Penalty	Emergency Action
Duty type	Substitutable only	Substitutable + non-substitutable	No prior duty required
Prior notice	Warning required	Assessment notice	Not required (urgency)
Repeat use	Once per violation	Repeatable (e.g., daily)	—
Cost recovery	Yes	—	—

Government Liability vs. Just Compensation

	Government Tort (FTCA)	Just Compensation
Trigger	Unlawful government action	Lawful taking
Authority	FTCA / State Tort Claims Acts	U.S. Const. Fifth Amendment
Compensation	Actual loss (make whole)	Fair market value
Fault required?	Yes (negligence / intent)	No
Against whom	Federal / State government	Condemning authority

Local Government Functions Comparison

	Local (Home-Rule)	Delegated (Shared)	State-Mandated
Authority	Local government	Local government	Local executive
Funding	Local	Shared	State
Ordinance power	Yes	Yes	Generally no
State oversight	Legality only	Legality + compliance	Broad control

Exam-Tested Topic Focus

Administrative Agent Exam

Key exam areas:
1. Agency action validity (presumption, void/voidable).
2. Administrative appeal vs. judicial review
   (scope, timing, requirements).
3. Administrative Procedure Law
   (hearing, prior notice).
4. Local government law (ordinance power, limits).
5. Government liability — tort vs. just compensation.

Civil Service / Labor Exam Supplement

Additional areas:
1. Civil service law (discipline, merit protections).
2. Labor-management relations in the public sector.
3. Enforcement tools (civil penalties).
4. MSPB / grievance procedure.

Quick-Reference Exam Formulas

Proportionality: Suitability → Necessity
  (least restrictive) → Proportionality stricto sensu.
Legitimate Expectations: Representation + Reliance
  + Detriment = Protected.

Administrative Appeal Deadline: typically 30–60 days
  from final order (check statute).
Judicial Review (APA default): 60 days from final
  order.

Substitution Requirements: Act + No alternative +
  Public harm + Substitutable.
Hearing Required When: Deprivation of significant
  interest + statute / agency determines.

Local Affairs Oversight: Legality only.
Delegated Function Oversight: Legality + Compliance.

Discipline Severity: Remove > Demote > Suspend
  (14+) > Suspend (≤14) > Reprimand > Warn.
Removal bar (for cause): 5 years.

FTCA: Government employee + Scope + Negligence +
  Harm.
Defective public property: Strict liability (no
  fault required).
Just compensation = fair market value (Fifth
  Amendment).

Practice Quiz (Comprehensive)

Q. When choosing between an administrative appeal and direct judicial review, which considerations matter most?

Administrative appeal: broader grounds (unlawful AND improper policy choices); faster; lower cost; agency expertise. Judicial review: courts apply a deferential standard (arbitrary and capricious) — the scope of review is generally narrower; suitable where legal interpretation is the central dispute. In most jurisdictions, exhaustion of administrative remedies is a prerequisite to judicial review. Where a special statute requires a specific appeal route, follow that requirement or risk dismissal.

Q. After a federal employee is removed for cause, when can they return to federal service?

A removal for cause triggers a mandatory 5-year bar on reappointment (for misconduct-based removals under 5 U.S.C. § 7313 for certain serious offenses; for general cause removals the bar varies). After the bar expires, the former employee is no longer legally disqualified. However, the agency may still exercise discretion in the hiring process, and the person must again qualify under merit-system procedures.

Q. A road collapses without warning during a heavy rainstorm, causing an accident. Can the local government avoid liability?

Generally, no — defective public infrastructure gives rise to strict (no-fault) liability under most state tort claims acts and the public-works liability doctrine. However, the government may seek to avoid liability if it can prove the failure was caused by an unforeseeable force majeure event that no reasonable maintenance program could have prevented. The burden to establish such a defense is on the government.

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