FALL SCHEDULE & ASSIGNMENTS
Administrative Law
Felter
(8-16-15)
Room 190
Advance Assignment: Read CB 1-41 and RL 1 [ALJs in Historical Perspective]
before the first class.
Tuesday, August 18.
Administrative Law Principles; CB 43-54 and 73-80
[PowerPoint presentation on how administrative law fits into the scheme of things
with PowerPoint Handouts]
Thursday, August 20.
Administrative Law Principles – Re-read CB 43-54
and 73-80; RL 20, page 2 [Colorado APA, §§ 24-4-101 –24-4-106, C.R.S.] -briefly review for familiarity]. Study Outline.
Tuesday, August 25.
Agency Exercise of Power. Involvement of
Courts, Scope of Judicial Review -- CB 81-110. Study Outline.
Thursday, August 27.
Rulemaking -- CB 111-149; RL 20 [§ 24-4-103,
C.R.S.]. Study Outline. Please read Chevron, U.S.A. V. Natural Res. Def.
Council, 467 U.S. 837, 104 S.Ct. 2778, 81 L. Ed.2d 694 (1984) and Skidmore
v. Swift & Co., 323 U.S. 134, 65 S.Ct. 161, 89 L. Ed. 124 (1944) [Deference].
Tuesday, September 1.
Study Outline.
Basics of Administrative Adjudication – CB 151-222.
Thursday, September 3.
The Administrative Procedure Act (APA) and
Availability of Judicial Review – CB 223-257; RL 19 [§ 24-4-106, C.R.S.] Study
Outline.
Tuesday, September 8.
Formal Adjudications, Hearing Requirements, Study
Outline.Evidence – CB 255-282; RL 20 [§ 24-4-105, C.R.S.]; [§ 8-43-210,
C.R.S.]; [PowerPoint Presentation on Credibility Determinations with PowerPoint
Handouts]; Please Look at OAC Website, www.colorado.gov/dpa/oac
Thursday, September 10.
Judicial Independence and Accountability of
ALJs – RL 2, 3, 11 (OPTIONAL), 30, 32, 33, 34, 35 and 42 (OPTIONAL) (in this
order); [PowerPoint Presentation on Integrity in Administrative Justice with
PowerPoint Handouts].
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Tuesday, September 15. The Central Panel Phenomenon – RL 1, 10, 23, 40,
41 (in this order). Study Outline. Memo to Senior Partner Assignment
Exercise Will Be Released on TWEN.
Thursday, September 17. The Central Panel in Colorado – Guest: Hon.
Matthew Azer, Director and Chief ALJ, Colorado Office of Administrative
Courts, 2007-------.
Tuesday, September 22. Freedom of Information –CB 55-73; RL 28.
Guest: Professor Emeritus John Reese.
Thursday, September 24.
Administrative Law Decisions (Initial and Final)
– CB 283-316; RL 20 [§ 24-4-105, C.R.S.], RL 44.
Tuesday, September 29. Licensing Board Matters – CB 317-370; RL 21, 36,
39. Study Outline. Memo to Senior Partner Assignment Exercise Will Be
Released on TWEN.
Thursday, October 1.
State Employment (Personnel Board) Hearings -RL 25. Guest Lecturers: Denise DeForest, formerly ALJ, State Personnel
Board, and Tanya Light, ALJ, formerly with the State Personnel Board and
presently with OAC.
Tuesday, October 6.
Outline 44.
Civil Rights Matters – RL 22 (required), Study
Thursday, October 8.
Alternative Dispute Resolution in
Administrative Law –www.colorado.gov/dpa/oac [Please review “OAC Mediation
Program”]; [PowerPoint Presentation on ADR with PowerPoint Handouts].
Tuesday, October 13.
International Administrative Law – [PowerPoint
on Canada, France, Germany, China, Australia and the U.K.]
Thursday, October 15
Unemployment Insurance Hearings [RL 25]
/County Zoning Matters, RL 29/Special Education. [See Guidelines on TWEN
Reading List, RL 48, 49]. Study Outline. Memo to Senior Partner Due.
Tuesday, October 20.
Unemployment Insurance Hearings and
Other Matters – Guest: Elaine Feldman, Deputy Director, Unemployment
Insurance Division, former Chief Hearing Officer, Department of Labor/
John Lizza, First Assistant Attorney General.
Thursday, October 22.
Successfully Prosecuting and/or Defending the
Professional Licensee --Guest: Hon. Robert Spencer, ALJ, Colorado Office
of Administrative Courts.
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Tuesday, October 27.
Critique of Memo to Senior Partner.
Thursday, October 29.
Workers’ Compensation – Phillips & Phillips,
Colorado Workers Compensation Practice, Vol. 17, pp. 13-100 (on reserve in the
Library).
Tuesday, November 3.
Mediation Exercise (no preparation necessary)
Thursday, November 5.
Effective Pre-Trial, Trial and Appellate Techniques in
Administrative Hearings – Open Discussion.
Tuesday, November 10.
Public Assistance Hearings -- RL 26, 45.
Exhaustion of Administrative Remedies and Judicial Review. .
Thursday, November 12. Successfully Trying the Workers’ Compensation
Case – Guests: Hon. David Cain, ALJ, Office of Administrative Courts
(OAC); Hon. Timothy Nemechek, ALJ (OAC) [Claimants’ lawyer
perspective]; William M. Sterck, Esq. (Respondents’ lawyer).
Tuesday, November 17. Lawyer Ethics in Administrative Law, [PowerPoint
Presentation on Ethics for Practitioners with PowerPoint Handouts]. Exam
Practice and Coaching. Career Tips.
Thursday, November 19. Instructions: Final Exam. Film and the Movies.
LAST CLASS –
Tuesday, November 24 –Tuesday, December 1
Reading Days
Thanksgiving Observed
Final Exam Period
Thursday, November 26 –Saturday, November 28
Wednesday, December 2 ---Wednesday, December 16
The date and the location of Final Exam in this Administrative Law Course
will be announced.
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