Administrative Law - Midterm Review

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Seneca College *

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LGL 126-90

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Apr 3, 2024

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Walsh 1 ADMINISTRATION LAW FINAL EXAM Part one is there are 20 multiple choice questions. Part 2 is worth 40 Marks and 4 questions. 10 marks each Part three is 2 long questions, and they're worth 20 marks each for a total of 40 marks. Part 1: Questions 1-4🡪Chapter 6 1. Study the concept of Fair hearing and the principle of allowing both sides to be heard before deciding a decision know what the term Audi alteram partem means. ⮚ "Listen to the other side", or "let the other side be heard as well.” 2. Know the pillars of procedural fairness. Focus on the concept of opportunity to be heard or the right to be heard in legal proceedings. ⮚ An adequate right to be heard usually implies a measure of equality but it is not always necessary. ⮚ If each party has had an opportunity to submit written material and to respond to the other parties’ written material the hearing will be considered a fair one. ⮚ Nothing less than a right to be present, give oral testimony and cross examine opposing witnesses will conform to the audi alteram partem principle. 3. Know what decisions attract the highest-level procedural fairness understand scenarios where individuals have ample opportunity to present their case and where decision making processes are transparent and unbiased. ⮚ The decision that attracts the highest level of procedural fairness is one that significantly impacts an individual’s life, rights, or well-being. Here are some examples: ⮚ Criminal Trials : In criminal cases, where a person’s liberty is at stake, ensuring procedural fairness is crucial. This includes the right to legal representation, a fair trial, and the opportunity to present evidence. ⮚ Immigration Hearings : Decisions related to immigration status, deportation, or asylum applications require rigorous procedural

Walsh 2 fairness. Individuals facing removal proceedings should have a chance to present their case and challenge evidence against them. ⮚ Employment Termination : When an employer considers terminating an employee, procedural fairness is essential. This involves providing notice, conducting an investigation, allowing the employee to respond, and ensuring unbiased decision-making. ⮚ Child Custody : Determining child custody arrangements involves significant personal and emotional consequences. Courts must follow fair procedures, consider relevant evidence, and prioritize the child’s best interests. ⮚ Social Benefits : Decisions regarding social benefits (such as disability benefits, welfare, or housing assistance) impact an individual’s livelihood. Fair processes include clear communication, appeals, and impartial review. ⮚ Remember, procedural fairness ensures that decision-making is transparent, unbiased, and respectful of an individual’s rights and dignity. It promotes trust in the system and upholds justice. 4. Know what happens when panel members are unable to complete cases. Explore the implications and procedures when a panel member cannot fulfill their duties due their due to, for instance, an illness or a death. ⮚ The person who hears the case is the only person who may decide the case. ⮚ This has 2 implications: ⮚ It is generally improper for an adjudicator who was absent for any part of a hearing to take part in making the decision. ● There may be an exception such as when all parties consent and there is an effective way of informing a new or substitute tribunal member of the evidence heard in their absence. ⮚ It is improper for anyone associated with a tribunal such as a chair, other tribunal members or tribunal staff to put pressure on a hearing panel to make the decision in favor of one party or another or to change an intended decision. Questions 5-8🡪 Chapter 7

Walsh 3 5. This question deals with the types of biased relevant fairness review, intrinsic bias, and extrinsic bias in how they relate to ensuring fairness in administrative tribunals. ⮚ Intrinsic Bias : ( PERSONAL BIAS ) ⮚ Intrinsic bias refers to biases that arise from within an individual or system. These biases are inherent and stem from internal factors. ⮚ Examples of intrinsic bias include personal beliefs, cultural upbringing, cognitive preferences, and emotional predispositions. ⮚ Intrinsic bias can influence decision-making, perception, and behavior without external pressure or influence. ⮚ Extrinsic Bias : ( INSTITUTIONAL BIAS ) ⮚ Extrinsic bias , on the other hand, results from external factors or influences. It occurs due to environmental, social, or contextual elements. ⮚ Examples of extrinsic bias include societal norms, media portrayal, peer pressure, and economic incentives. ⮚ Extrinsic bias affects individuals or systems based on external circumstances rather than inherent characteristics. 6. This question deals with indicators of possible bias. Identify factors or behaviors that may compromise the impartiality and fairness of decision makers in tribunals. ⮚ In the case of tribunals, the impartiality requirement has 2 components: ⮚ The decision maker must start the hearing with an open mind and must reserve judgement until all evidence and arguments have been presented. ⮚ If they are inclined to support one party’s position over the other’s and if this bias is not institutional the decision marker is said to be influenced by PERSONAL BIAS ⮚ To be perceived as impartial the tribunal itself must be reasonably independent of any government agency that is a party to its hearings ⮲ If the tribunal is structured in a way that does not permit its members to decide freely between the parties in accordance with the applicable

Walsh 4 law, the decision makers are said to be influenced by INSTITUTIONAL BIAS 7. This question deals with decreasing appearance of independence. So when the tribunal doesn't look like they're making independent decisions. Consider factors or actions that could undermine the perceived independence of an agency overseeing a tribunal. ⮚ Composition and Selection : ⮚ Appointment Process : If the agency’s members are directly appointed by the government or a political authority, it may raise concerns about independence. ⮚ Tenure : Short-term appointments or frequent turnover can impact perceived independence. ⮚ Financial Dependence : ⮚ If the agency relies heavily on government funding or resources, it might be perceived as less independent. ⮚ Funding constraints could influence decision-making. ⮚ Political Influence : ⮚ Political Pressure : Any direct or indirect pressure from political figures or parties can compromise independence. ⮚ Policy Alignment : If the agency’s decisions consistently align with government policies, it may raise doubts. ⮚ Decision-Making Process : ⮚ Transparency : Lack of transparency in decision-making can erode confidence in independence. ⮚ Excessive Discretion : If decision-makers have broad discretionary powers without clear guidelines, it may lead to bias. ⮚ Conflict of Interest : ⮚ Personal Interests : Decision-makers with personal interests related to the cases they handle can undermine impartiality.

Walsh 5 ⮚ Affiliations : Any affiliations (financial, professional, or personal) that may influence decisions should be disclosed. ⮚ External Influence : ⮚ Industry Pressure : Close ties with regulated industries can create perceived bias. ⮚ Lobbying : Excessive lobbying or undue influence from external stakeholders can compromise independence. ⮚ Accountability Mechanisms : ⮚ Oversight : Lack of effective oversight or review mechanisms may weaken independence. ⮚ Appeals Process : A robust appeals process ensures checks and balances. ⮚ Public Perception : ⮚ Appearance Matters : Agencies must be perceived as neutral and free from external control. ⮚ Communication : Clear communication about safeguards and independence is essential. 8. This question deals with the second pillar of procedural fairness. Look into the aspect of right to know or right to reasons in procedural. ⮚ Right to Be Informed of Allegations : ⮚ Individuals have the right to know the specific allegations or charges against them. ⮚ This ensures transparency and allows them to prepare a defense. ⮚ Right to Be Heard : ⮚ Every party involved has the right to present their case, provide evidence, and respond to arguments. ⮚ Fairness demands that decision-makers listen to all relevant perspectives.

Walsh 6 ⮚ Right to an Impartial Investigation : ⮚ Decision-makers must remain neutral and unbiased. ⮚ Impartiality ensures that decisions are not influenced by personal preferences or external pressures. ⮚ Right to Be Represented : ⮚ Individuals can seek legal representation or assistance during proceedings. ⮚ This helps level the playing field and ensures effective participation. ⮚ Right to Receive Decision Reasons : ⮚ After a decision is made, individuals have the right to understand why it was reached. ⮚ Clear and adequate reasons enhance transparency and accountability. ⮚ Clear Explanation : ⮚ Individuals have the right to receive clear and detailed reasons for any decision affecting them. ⮚ These reasons should explain how the decision was reached, the evidence considered, and the relevant legal or policy factors. ⮚ Understanding the Basis : ⮚ The right to reasons ensures that individuals can understand why a decision was made . ⮚ It allows them to assess whether the decision was fair and whether they have grounds for appeal. ⮚ Transparency and Accountability : ⮚ Providing reasons enhances transparency in decision-making. ⮚ Decision-makers are held accountable when their reasoning is open to scrutiny.

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