Online Instructor’s Manual with Testbank
For
Administrative Law
Bureaucracy in a Democracy
7th Edition
Daniel E. Hall, J.D., Ed.D.
Miami University
Instructor’s Manual, Testbank, and PowerPoints
Prepared by
Brian Craig
_
i
,Contents
To the Instructor iv
Syllabi 1
Chapter 1: Introduction 8
Chapter 2: Bureaucracy and Democracy 13
Chapter 3: Agency Discretion 20
Chapter 4: The Requirements of Fairness 28
Chapter 5: Delegation 40
Chapter 6: Agency Rulemaking 51
Chapter 7: Agency Information Collections and Investigations 60
Chapter 8: Formal Adjudications 72
Chapter 9: Accountability Through Reviewability 86
Chapter 10: Accountability Through Accessibility 101
Chapter 11: Accountability Through Liability 117
Test Item File 134
ii
, Syllabi
MODEL SYLLABUS AND COURSE OUTLINE (10 Week)
Course Title: Course Number:
Credit Hours: Term:
Prerequisite(s): Meeting Time:
Instructor:
Phone:
Email:
Office Location and Office Hours:
Course Description: The course explores concepts of administrative law and procedure
at the federal and state levels. Students will learn the paralegal’s role in the administrative
process. Topics include agency discretion, delegation, agency rulemaking, agency
investigations, formal adjudications, and agency accountability.
Objectives:
Upon successful completion of this course, students are expected to:
1. Identify and distinguish the sources of administrative law in the United States.
2. List and describe the structural controls of administrative agencies that exist in the U.S.
government.
3. Define advisory opinions and declaratory orders and explain how they are used in
practice.
4. Identify the various forms of rights secured by the Due Process and Equal Protection
Clauses.
5. Define delegation and explain how and why delegations occur in the administrative
context.
6. Explain the history, citing cases for each point you make, of delegations of legislative
authority.
7. Identify the various forms of rulemaking, explain the circumstances in which each is
used, and describe the process used to create each type of rule under the APA.
8. Explain how the Fourth Amendment to the U.S. Constitution limits the authority of
agencies to conduct tests and inspections.
9. Define and distinguish adjudications from rulemaking under the federal APA.
10. Explain when an adjudication is required under the APA, and apply this principle to a
set
of facts.
11. List, define, and apply to a fact scenario the most significant timing and common law
limitations upon review authority.
12. Compare and contrast the objectives of the FOIA and Privacy Acts, including an
explanation of how the two interact.
13. Identify and describe the historic source of governmental immunity.
1
, Text: Daniel E. Hall, Administrative Law: Bureaucracy in a Democracy, 7th ed.,
Prentice Hall, 2020. (ISBN 10: 0-13-518632-3; ISBN 13: 978-0-13-518632-9).
Instructional Methods: This course combines lecture, class discussion and writing
assignments. Guest speakers and video/audio materials may also be used.
Grading: The student’s final grade will be determined on a percentage system. Grades
are determined as follows:
Written Assignments: 50%
Final Exam: 20%
Quizzes: 20%
Class Participation: 10%
Total: 100%
The following grade scale is used to determine the student’s final grade:
A = 90-100%
B = 80-89%
C = 70-79%
D = 60-69%
F = 0-59%
Attendance: Students are expected to attend every class. Since part of your grade is
based on class participation, attendance is important. If you expect to be absent, please let
the instructor know as soon as possible.
Academic Honesty: Students who violate the school’s academic honesty policy face
severe consequences. Please refer to university catalog for more information on academic
honesty.
Week 1
Reading: Chapters 1-2
Topic: Introduction; Bureaucracy and Democracy
Assignments: Review Questions and Critical Thinking and Application Problems
Week 2
Reading: Chapter 3
Topic: Agency Discretion
Assignments: Review Questions and Critical Thinking and Application Problems
Week 3
Reading: Chapter 4
Topic: The Requirements of Fairness
Assignments: Review Questions and Critical Thinking and Application Problems
2
For
Administrative Law
Bureaucracy in a Democracy
7th Edition
Daniel E. Hall, J.D., Ed.D.
Miami University
Instructor’s Manual, Testbank, and PowerPoints
Prepared by
Brian Craig
_
i
,Contents
To the Instructor iv
Syllabi 1
Chapter 1: Introduction 8
Chapter 2: Bureaucracy and Democracy 13
Chapter 3: Agency Discretion 20
Chapter 4: The Requirements of Fairness 28
Chapter 5: Delegation 40
Chapter 6: Agency Rulemaking 51
Chapter 7: Agency Information Collections and Investigations 60
Chapter 8: Formal Adjudications 72
Chapter 9: Accountability Through Reviewability 86
Chapter 10: Accountability Through Accessibility 101
Chapter 11: Accountability Through Liability 117
Test Item File 134
ii
, Syllabi
MODEL SYLLABUS AND COURSE OUTLINE (10 Week)
Course Title: Course Number:
Credit Hours: Term:
Prerequisite(s): Meeting Time:
Instructor:
Phone:
Email:
Office Location and Office Hours:
Course Description: The course explores concepts of administrative law and procedure
at the federal and state levels. Students will learn the paralegal’s role in the administrative
process. Topics include agency discretion, delegation, agency rulemaking, agency
investigations, formal adjudications, and agency accountability.
Objectives:
Upon successful completion of this course, students are expected to:
1. Identify and distinguish the sources of administrative law in the United States.
2. List and describe the structural controls of administrative agencies that exist in the U.S.
government.
3. Define advisory opinions and declaratory orders and explain how they are used in
practice.
4. Identify the various forms of rights secured by the Due Process and Equal Protection
Clauses.
5. Define delegation and explain how and why delegations occur in the administrative
context.
6. Explain the history, citing cases for each point you make, of delegations of legislative
authority.
7. Identify the various forms of rulemaking, explain the circumstances in which each is
used, and describe the process used to create each type of rule under the APA.
8. Explain how the Fourth Amendment to the U.S. Constitution limits the authority of
agencies to conduct tests and inspections.
9. Define and distinguish adjudications from rulemaking under the federal APA.
10. Explain when an adjudication is required under the APA, and apply this principle to a
set
of facts.
11. List, define, and apply to a fact scenario the most significant timing and common law
limitations upon review authority.
12. Compare and contrast the objectives of the FOIA and Privacy Acts, including an
explanation of how the two interact.
13. Identify and describe the historic source of governmental immunity.
1
, Text: Daniel E. Hall, Administrative Law: Bureaucracy in a Democracy, 7th ed.,
Prentice Hall, 2020. (ISBN 10: 0-13-518632-3; ISBN 13: 978-0-13-518632-9).
Instructional Methods: This course combines lecture, class discussion and writing
assignments. Guest speakers and video/audio materials may also be used.
Grading: The student’s final grade will be determined on a percentage system. Grades
are determined as follows:
Written Assignments: 50%
Final Exam: 20%
Quizzes: 20%
Class Participation: 10%
Total: 100%
The following grade scale is used to determine the student’s final grade:
A = 90-100%
B = 80-89%
C = 70-79%
D = 60-69%
F = 0-59%
Attendance: Students are expected to attend every class. Since part of your grade is
based on class participation, attendance is important. If you expect to be absent, please let
the instructor know as soon as possible.
Academic Honesty: Students who violate the school’s academic honesty policy face
severe consequences. Please refer to university catalog for more information on academic
honesty.
Week 1
Reading: Chapters 1-2
Topic: Introduction; Bureaucracy and Democracy
Assignments: Review Questions and Critical Thinking and Application Problems
Week 2
Reading: Chapter 3
Topic: Agency Discretion
Assignments: Review Questions and Critical Thinking and Application Problems
Week 3
Reading: Chapter 4
Topic: The Requirements of Fairness
Assignments: Review Questions and Critical Thinking and Application Problems
2
