Look at this issue from the agencies perspective:
- What branch of government is this?
- What kind of governmental agency is this (Local, State, Federal). Why does it matter?
- Is there an enabling statute that allows this agency to do what it is doing (Ordinance, Statute, Federal Act Etc.) What are the strengths and limitations?
- Does the agency have to enforce the rule or does it have discretion? If it has discretion what potential dangers exist if the agency exercises said discretion? Why or Why not?
- Is the rule that is being enforced a result of formal rulemaking or informal rulemaking?
- Have they adjudicated on the matter before and what were the rulings?
Looking at this issue through the constituent’s perspective:
- Has the agency afforded me due process? (notice hearing)
- If so what is the next step?
- How important is it to exhaust administrative remedies?
- If you choose to go to court, what court are you going to and why?
- Do you have any claims under equal protection for this matter?
- Are there any substantive or procedural due process claims why or why not?
- Are there any other remedies you can pursue to get a positive resolution to the problem? (Director, Mayor Commissioner, Senator, House Rep)
Sample Solution
