ADMINISTRATIVE LAW

Powers of Administrative Agencies

1. Quasi-Legislative Power or the Power of Subordinate Legislation

2. Quasi-Judicial Power or the Power of Adjudication
3. Determinative Powers or the Incidental Powers

Administrative Due Process: Requirements

1. Right to Notice, actual or constructive, subject to exceptions

2. Reasonable Opportunity to appear and defend rights and to present witness
3. Impartial tribunal cloth with competent jurisdiction
4. Finding or decision must be supported by substantial evidence

Questions that may be brought up on Judicial Review

a) Questions of Fact
b) Question of Law

Doctrine of Finality – Courts may exercise its review power only after administrative process is
exhausted.

Except: Interlocutory Orders

Doctrine of Primary Jurisdiction

a) Courts will not determine a controversy which requires the expertise, specialized skills
and knowledge of administrative agencies because technical matters of intricate
questions are involved.

b) Relief must first be obtained in administrative proceedings

Doctrine of Prior Resort – if the issue involved is under the competence of an administrative
agency, court will suspend its proceedings and refer the issue to administrative body.

Doctrine of Exhaustion of Administrative Remedies – Must avail admin remedies first including
appeal before you go to court.

Exceptions: 1. Violation of Due Process

2. Unreasonable Delay
3. Alter Ego Doctrine

Quantum of Evidence: Substantial Evidence – or that degree of relevant evidence which a

reasonable mind might accept as adequate to support a conclusion.