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TRUE OR FALSE, NOTE T or F in the margin, 2 PTS. EACH, 40 POINTS 1. Many states, including CT have enacted their own version
TRUE OR FALSE, NOTE T or F in the margin, 2 PTS. EACH, 40 POINTS 1. Many states, including CT have enacted their own version of the federal APA, called UAPA. 2. An agency's enabling legislation usually defines its objectives and duties and outlines its powers and mission. 3. Most agency action is informal. 4. An advisory opinion states an agency's intention to maintain a prosecution. 5. A declaratory ruling or order gives an administrative agency an opportunity to resolve questions of law that have not yet been contested; subject to judicial appeal. 6. There are no limits to prosecutorial discretion. 7. A cost benefit analysis in due process may include weighing the interests of an individual in receiving further procedures against the government's interest in minimizing further procedures. 8. Due process requires all deprivations of life, liberty or property to comply with identical procedures. 9. Agencies draft rules or regulations in their area of expertise. 10. Goldberg v. Kelly held a pre-deprivation hearing must be offered before a welfare recipient's benefits can be terminated. 11. Assuming no conflict, a lawfully issued Executive Order has the same effect of a statute. 12. The purpose of the doctrine of separation of powers and federalism is to prevent the centralization of power in one group or person. 13. While due process does not always require trial-type hearings, one always has the right to oral argument before an agency hearing officer. 14. It does not violate due process for an agency to take remedial actions (e.g., suspending a license) w/o first providing notice and hearing when there is an imminent threat to health or safety or an emergency- 15. Briefing a case includes stating the facts only
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