Administrative Law
Chapter 3 -
Part 3
ADVANCED STUDIES
Outline and/or List
1. Outline the three major safeguards of agency discretion. (page 72)
A. Constitutional Protections
1) due process
2) fairness
3) search warrants
B. Statutes
1) agency powers limited
C. Politics
1) public pressure
2) No compliance by clients
2. Document 2 illustrates agency discretion in an agency action that is appealed on a due process issue. List the some of the actions that the Secretary of State took (page 104, paragraph 1)
revoked license – gave reasons, automatic after repeated offense, used discretion in rulemaking authority
3. In Document 1, list three rules of conduct and standards. (§404.1740)
(page 103) act with reasonable promptness, assist the claimant, conductdealings in an efficient, fair and orderly conduct
4. In Document 4, list the steps the Illinois Secretary of State must take after suspending or revoking a license. (§6-206)(c)(1) (page 109)
Notify in writing, use U.S. Mail
Analyzing Documents
1. In Document 1, analyze the difference between a lawyer representative and a non-lawyer representative. (§404.1705, pages 101 - 102)
Attorney – right to practice law; Non-lawyer – good character, valuable help
2. In Document 2, the Supreme Court stresses the public interest in agency informal hearings. Compare this view to the Attorney General’s view on page 74.
Informal decision procedures will affect more people – Attorney General
3. In Document 3, what does the Secretary of State take into consideration in making the decision? (pages 106-108) 16 considerations
4. Summary actions are decisions, not fully explained by agencies, which rely on agency expertise. In Document 4, explain the two procedures in §6-206 (c)(1 (page 109)
suspension-not exercise ordinary care/revocation-3 times suspended