PAD 4603 - Administrative Law

College of Public Safety Administration

Credit(s): 3
Contact Hours: 47
Effective Term Spring 2023 (615)

Requisites

Admission to Public Safety Administration (Bachelor of Applied Science) (PSA-BAS) or
Admission to Public Policy and Administration (Bachelor of Science) (PPA-BS) or
Admission to Paralegal Studies (Bachelor of Applied Science) (LEGAL-BAS)

Course Description

This course will examine the workings of Administrative Agencies with an emphasis on their power to make and enforce rules along with their power to investigate and adjudicate alleged violations. Particular focus will be placed on the means by which government administrators interact with these agencies. In addition to understanding the role of administrative agencies, the course will focus on using research skills to examine the constantly-changing rules that are promulgated by administrative agencies.

Learning Outcomes and Objectives

  1. The student will demonstrate knowledge of the three major functions of an administrative agency and how each is applied by:
    1. explaining the role and functions of the legislative, executive and judiciary section of an administrative agency.
    2. explaining the legislative process involved when forming an administrative agency.
    3. defining an administrative agency pursuant to Section 551 of the Federal Administrative Procedures Act.
  2. The student will demonstrate knowledge of different administrative agency rules and regulations to a given set of facts by:
    1. explaining the concepts of rules promulgated in the Administrative Procedures Act as it pertains to adjudicatory powers.
    2. researching case law in regard to agency rules and regulations including labor law and sunshine law.
    3. discussing cross reference agency rules in relation to applicable federal or state statutes.
  3. The student will demonstrate knowledge of informal as opposed to formal adjudication and be able to explain how each is applied by:
    1. defining “formal adjudication” as it applies to an administrative agency and provide examples.
    2. defining “informal adjudication” as it applies to an administrative agency and provide examples.
    3. discussing the procedural process for both formal and informal adjudication.
    4. describing the concept of “generalized” action.
    5. discussing the concept of “adjudication” as it applies to individuals.
    6. defining “sanction” as it relates to administrative agency action.
  4. The student will demonstrate knowledge of the basic components of due process protections afforded when an agency takes judiciary action by:
    1. defining what “due process” means pursuant to the U.S. Constitution and subsequent case law.
    2. explaining the types of due process protections available to the aggrieved individual or individuals.
    3. discussing the term “pretermination hearing” and how it applies to agency action.
    4. defining “government action.”
    5. defining “preponderance,” “clear and convincing,” and “proof beyond a reasonable doubt.”
    6. identifying which of the standards is applicable to support an adjudicatory action by an administrative agency.
    7. discussing the substantive and procedural requirements as they pertain to an administrative hearing such as rules of evidence, discovery and relevance.

Criteria Performance Standard

Upon successful completion of the course, the student will, with a minimum of 70% accuracy, demonstrate mastery of each of the above stated objectives through classroom measures developed by individual course instructors.

History of Changes

C&I 9/28/04, BOT 10/19/04, Effective 20042(0345). Submitted as 4605, State approved as 4603. 3 Year Review 2008 C&I Approval: 06/08/2010, BOT Approval: 07/22/2010, Effective Term: Fall 2010 (430).
C&I Approval: 08/12/2016, BOT Approval: 04/18/2023, Effective Term: Spring 2023 (615)

Related Programs

  1. Public Policy and Administration (PPA-BS) (640) (Active)
  2. Public Safety Administration (PSA-BAS) (655) (Active)