ADMINISTRATIVE LAW
Fall 2015 Syllabus
(8-16-15)
Room 190
Professor Edwin L. Felter, Jr.
Tuesdays and Thursdays., 6:00 PM to
7:15 PM
Office of Administrative Courts
1525 Sherman Street, 4th Floor
Denver, CO 80203
Tel. (303) 866-5676 – direct
E-mail: ed.felter@state.co.us
COURSE RULES & INFORMATION
Information Concerning How the Course is Organized

We don’t use a Casebook and we don’t brief cases (an exercise reserved
for 1Ls). Moreover, we use John Reese’s Administrative Law Desk
Reference for Lawyers (referred to in the TWEN site, the Syllabus, and the
Schedule of Assignments and elsewhere as the “CB”), and the Study
Outlines (which I prepared) appearing on the TWEN site next to the
corresponding class date. In the CB, Professor Emeritus Reese
strategically lays out snapshots of important U.S. Supreme Court opinions
dealing with Administrative Law. The Syllabus and the Schedule and
Assignments lay out a sequence of topics that I follow, however, I will not
follow the CB to the exclusion of other reading assignments. The CB is
academic background reading to give you a deeper understanding of
administrative law. Please read the CB assignment and study each
Study Outline (very important that you study in advance of each
class) so that you will be prepared to discuss specific problems
relative to the subject matter for the class, e.g., to argue for or
against specific propositions, or describe what you would do as an
agency head or lawyer for the agency. The Study Outlines will not be
shown in class. Also, be prepared to ask any questions you have
about the Outlines, or any other matter, at the beginning of class
before we begin the discussion. You will be expected to be familiar
with the assigned CB readings and the Study Outline for each class.
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
You may be randomly called upon to play a role, make an argument
or answer questions regarding the topic of the specific class. To
relieve the full onus of engaging in the discussion, please pair up
with another individual in order to cooperate in dealing with issues.

On the Reading List (on the TWEN site) as opposed to Readings, there
are eleven (11) required articles that are keyed in (under Readings) to
class date and specific subject matter (referred to under Readings as
“RL.” Please read these articles in advance of the specific class in order
to achieve greater understanding of the subject matter.

Administrative Law is unlike any other course in law school. There is no
body of the “common law” of Administrative Law. Administrative Law is
more of a method of doing business with governmental agencies. There
are some exceptions where legislative bodies have delegated the
resolution of certain disputes between non-governmental parties to the
executive branch, i.e., the administrative law system. For example,
workers’ compensation and unemployment insurance disputes.
Structurally, administrative law adjudications are performed within the
executive branch of government by statutory judges.

Administrative Procedure Acts (APAs) offer a general roadmap for doing
legal business with agencies, however, each agency has an organic act
(enabling legislation), which must be consulted for procedures and
concerning what can and cannot be done. Each agency has its own set of
substantive, interpretative and procedural rules concerning the agency’s
area of regulation. There are important differences between the federal
APA and State APAs. These will be discussed.

The course unfolds like a layered cake. The first half of the course
involves building a foundation in Administrative Law (general principles).
The second half involves the application of Administrative Law concepts to
different boutique areas of Administrative Law.
The course is organized as follows:
Basics
1.
2.
3.
4.
5.
6.
7.
The Administrative State Within Our Government
General Administrative Law principles
Agency Exercise of Power
Rulemaking
Basics of Administrative law Adjudications
The Administrative Procedure Act (federal and State)
Formal Administrative Law Adjudications
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Important General Administrative Law Issues
8. Judicial Independence and Accountability in the Administrative Law
Judiciary
9. The State Central Panel (of Administrative Law Adjudicators)
Phenomenon
10. Freedom of Information (Federal and State)
11. Dissection of Administrative Law Decisions
Licensing/Regulatory Matters in General
12. General Licensing Board Matter, includes a Memo Writing Exercise
13. State Employment Hearings
14. Civil Rights Matters
15. Alternative Dispute Resolution in Administrative Law Cases,
includes a Mediation Exercise
Specific Subject Matter Areas of Administrative Law
16. International Administrative Law
17. Unemployment Insurance Hearings/ Local Administrative Law
Focusing on County Zoning
18. Workers’ Compensation
Representing the Client
19. Effective Pre-hearing, Hearing, and Appellate Techniques in
Administrative Law Cases
20. Successfully Prosecuting and/or Defending the Professional
Licensee
21. Public Assistance Matters
22. Successfully Representing the Injured Worker and/or Insurance
Carrier in Workers’ Compensation
23. Lawyer Ethics in Administrative Law
Wrap-Up
24. Exam Practice and Coaching
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
There will be several guest speakers to corroborate and bring home
fundamental principles of Administrative Law in operation in the real world.

I am always happy to respond to specific questions by email, with one
caveat. In fairness to all, if you email a question to me, I will redact your
name and email the question and answer to all, prefaced by “a student
has asked the following question and here is my answer….”
Administrative Law is a required course and some of you may prefer
to be elsewhere. I will, however, do my best to make it interesting,
experiential and fun. To that end, we’ll discuss administrative law
problems and engage in role playing as much as possible. My
ultimate objective is to help you become competent practitioners of
Administrative Law, with an advantage over other practitioners.
Lastly, at the first class, we’ll form a small committee to be the liaison
between the class and me, in order that students with concerns can
have the concerns communicated to me and remain anonymous, if
they so choose.
More Information On Course Coverage: This is an introduction to
administrative law, which is administered in the executive branch of government.
The course includes a consideration of constitutional provisions, separation of
powers issues, statutes, rules, cases, policies, procedures and practice related to
the executive branch departments, agencies, officials and adjudicators who
administer laws concerning the government and adjudicate disputes within the
executive branch. Contrary to popular belief, administrative law is not one of the
duller and drier courses in law school. It may be the most important course
you took in law school. To some, it is more interesting, intricate, and
intellectually challenging than other courses with titular attractiveness. Judicial
branch judges concede that the average citizen is more likely to encounter the
administrative law system than the court system. The proliferation of
administrative agencies and executive branch adjudication systems since the
New Deal make it more likely that you will be representing clients before an
administrative agency, a licensing board and/or an executive branch adjudicator
known as an administrative law judge (ALJ), hearing officer, hearings examiner
or appeals referee; or, if you are in Canada or Australia, an administrative
tribunal. The course will deal with the historical evolution of administrative law
principles, and it will focus slightly more on state and local administrative issues
than federal administrative law issues. It is more likely than not that you will
begin practicing in the state and local arenas rather than in the federal system.
Nonetheless, the critical aspects of the federal system will be studied.
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Administrative law controls everything other than civil matters that include
tort, contract matters, domestic relations; and, criminal law. Administrative law
encompasses matters ranging from workers’ compensation; licensing of
professionals, businesses and activities; regulatory matters; human services from
Medicaid to welfare benefits to day care licensing, child abuse; election disputes
involving fair campaign practices; civil rights; unemployment benefits; motor
vehicle drivers’ licenses; public utilities; education including teacher dismissals
and special education cases; game and fish matters; zoning matters; and, many
other areas where the executive branch of government is responsible for
resolving disputes between citizens and the government and, sometimes,
between citizens and other citizens, e.g., employers, insurance companies.
Course Objectives: You will learn: (1) the basics of administrative law (2) at all
levels of government with a greater focus on state and local administrative law
(3) with the ultimate objective of preparing you to be a competent practitioner in
administrative law regardless of the milieu in which you may find yourself after
being admitted to practice, e.g., solo, medium to large law firm, public interest
group, corporate or government practice.
Text:
Administrative Law: Desk Reference for Lawyers (Lexis
Nexis, 2003), [“CB” in Reading List] [available at DU Bookstore].
The Study Outlines, appearing on the TWEN site after the
corresponding class date, are very important. Please study
them in advance of class so that you will be prepared to
engage in a discussion and role playing concerning the
specific subject matter of the class.
Other Readings: You are responsible for articles, the APA (Federal and State),
statutes and cases that are available on LEXIS or WESTLAW. The Reading List
[“RL”] contains the appropriate citations. Items that are not available on LEXIS
or Westlaw will be made available to you on the TWEN site for this course. Two
collateral books (listed near the end of the RL) are on reserve at the Library (the
Asimow book is not required reading but may be helpful (it focuses on Federal
and California Administrative Law). Designated parts (on the Reading List) of
the Phillips & Phillips’ book on Workers’ Compensation are required reading).
The Colorado Office of Administrative Courts website address is listed on the RL
(there will be one assignment requiring information from the website). Also,
informational foreign administrative law websites are listed (optional and not
required reading).
Grading: The grade for the semester will be a combination of a final exam (80%
- see “Final Exam,” below), plus class participation (15% - see “Class
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Participation,” below), and 5% for the written exercise. The College of Law rules
require the median grade for this class to be a B. In the unlikely event that an
individual’s class preparation or participation is seriously deficient, the professor
reserves the right to take that into account, non-anonymously, in grading.
Without satisfactory class participation and/or written exercise submissions, an A
is virtually unachievable.
Attendance: The law school mandates an attendance policy. Those who miss
20% of the classes, or more, will not be eligible to take the final examination.
This is pursuant to accreditation policies of the American Bar Association.
Excused absences must be based on extenuating circumstances and require the
approval of the Academic Dean.
Communication: The professor will rely on the Westlaw TWEN site e-mail
feature in order to facilitate prompt communication. Communication of course
related matters will be via the Westlaw TWEN site for this course.
Class Participation: Verbal skills are as important for a lawyer as written skills.
Therefore, there is an expectation that each of you will participate, meaningfully,
in class discussions. To ensure maximum equal opportunity, the professor will
use both volunteering and random call-on. Each student is expected to be
prepared for each class – if not, please say so when called on. Being prepared
for class means that you have read and understand the assignments sufficiently
to engage in a professional discussion and role playing concerning the specific
subject matter of the class. To relieve the full onus of engaging in the discussion,
please pair up with another individual in order to cooperate in dealing with issues.
As an advance assignment (for each class), students are asked to comb
the news and/or the Internet to find something relevant to the specific subject
matter of the class and report to the class. This can be a team project.
Class participation will be non-anonymously graded: A=well prepared,
contributions of substance; C=fairly prepared contributions of mild substance; F=
consistently unprepared, frequent absences, and or poor contributions
evidencing a lack of understanding; B and D will not be used for class
participation (in the real world, you either carry the day, are “so-so,” or you
fail to meet your objectives). The grade is not based simply upon the number
of times you speak in class. It is based on the substance of what you say. As
10% of the semester’s grade, it has the clear capacity to move the course grade
up or down one notch. Without satisfactory class participation, an A is not
achievable. This grade may be subjective to an extent, but it is based on the
professor’s professional judgment. The purpose of this grade is to gauge
your ability to communicate your legal advice to clients, your arguments and
rationales to opposing counsel and judges as well as supervising attorneys. The
grades will not be computed until the end of the semester, so don’t ask for an
evaluation during the semester. Grades are not subject to debate any more than
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an adverse decision on appeal. Written exercise grades will be: A, B. C, D, F,
with pluses or minuses.
Final Exam: There will be an in-class, anonymously graded, closed book final
examination consisting of legal problems based on actual professional practice.
It will rely solely on the semester’s readings and class discussions, and not extra
library research. There will be one 50-question multiple choice test part (60% of
final exam grade) of the exam (analogous to the Multi-State) with two hours
allowed and one essay question (40% of final exam grade) with one hour allowed
for a total of three hours. 10 to 20 hours advance study is suggested. The exam
will be on _________,, location to be announced. [There are no take-home Bar
Examinations, nor are there open book Bar Examinations. Therefore, in the
Professor’s opinion, an in-class exam is better preparation to pass the Bar].
Exam Review: You are encouraged to review your exam results – on
Registrar’s Reserve –after grades are posted. With it, you will be provided a
Review Folder containing the questions, a grading explanation, and a peerreview file with the correct multiple choice answers and some of the best essay
answers from the class. With this review system, a professor conference is
seldom needed, but if you wish to schedule a conference, please be aware that
the College of Law rules prohibit a professor from changing a grade after it is
reported, except for a mathematical or other non-judgmental error.
Seating Chart: By the second class, select a seat you really like, and sign for it
on my seating chart. Based on the participation format, the seating chart is
“jurisdictional,” i.e., a person not on the chart (or on it but repeatedly not in the
exact seat) will receive a final course grade of F. If you wish to change your seat
during the semester, please feel free to do so, but please ask the professor to
change the chart, immediately.
Office Hours: Since I am an adjunct professor, office hours at the Law School
will be next to impossible, other than by an extraordinarily special appointment.
Feel free to make an appointment to see me downtown at the Office of
Administrative Courts, 1525 Sherman Street, 4th Floor, Denver, CO 80203, tel.
(303) 866-5676 – direct. E-mail address: ed.felter@state.co.us
E-mail: Important communications and class changes, etc. will be by TWEN email. Please check your official DU<@student.law.edu> e-mail account or your
Westlaw TWEN account regularly.
Study Groups: Please feel free to work together in study groups, work
collaboratively on course outlines, share class notes and so forth, if you so
desire. Indeed, I encourage you to do so. Please note, however, that once final
exams have been passed out the “no consultation” rule is in effect.
Consequently, plan to have your collaborative work completed before the final
exam is passed out.
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Honor Code: The Honor Code applies to all aspects of this course. Even a
suspicion of a violation requires a report, without notice, to the Honor Board.
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
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order); [PowerPoint Presentation on Integrity in Administrative Justice with
PowerPoint Handouts].
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.
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Thursday, October 22.
Successfully Prosecuting and/or Defending the
Professional Licensee --Guest: Hon. Robert Spencer, ALJ, Colorado Office
of Administrative Courts.
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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