Administrative Law is the first-ever practice guide to bring together all substantive and procedural aspects of California administrative law. It's the authoritative resource for successfully handling agency cases as well as navigating the rulemaking process, open meetings laws, and the California Public Records Act.
This guide is a "how-to," comprehensive work for both lawyers representing clients before state and local agencies and lawyers representing those agencies — including agencies regulating businesses and professions, as well as land use, and those administering environmental laws and adjudicating disputes over public employment and public benefits. Essential practice-tested forms are included.
Volume One covers:
- Separation of powers
- Procedural due process and other federal constitutional provisions
- Adjudication under the Administrative Procedure Act (APA) – in general
- Administrative Adjudication Bill of Rights
- APA flexibility-promoting provisions
- Agency enforcement tools
- Tier 1 adjudication: Prehearing stage
- Tier 1 adjudication: Hearing and posthearing stages
- Nonstatutory administrative law principles relating to adjudication
- Recovery of attorney fees
- Additional sources of procedural and substantive protection
Volume Two covers:
- Bringing the action for judicial review (traditional mandamus, administrative mandamus, etc.)
- Standing to seek judicial review
- Timing: When judicial review is premature
- Timing: When judicial review is too late (statute of limitations, mootness)
- Standards of judicial review
- Pleading the mandamus case
- Stays and other interlocutory relief
- Pretrial and trial of mandamus cases
- Appeal and enforcement of trial court mandamus decisions
Volume Three covers:
- California rulemaking history, overview, and related matters
- Notice and comment rulemaking process
- Review by office of administrative law and publication of regulations
- Underground regulations
- Rulemaking exemptions, emergency rulemaking, and other emergency powers
- Open meetings: Bagley-Keene Act
- Open meetings: Ralph M. Brown Act
- California Public Records Act
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