Section I. Short Answer.

1. A legislature may create an administrative agency and delegate its authority to regulate particular industries or areas of the law to an agency with greater experience or expertise through the passage of a statute known as an _______________ Act.
2. In the event that a regulation is not lawfully authorized by an enabling statute, anyone affected by the regulation may successfully challenge that regulation on the basis that the agency action is an ________________ action.
3. One of the primary purposes of the _______________ Act is to subject administrative agency action to public review and comment.
4. Administrative agencies are typically given great deference and broad _____________ in making their decisions on whether to regulate certain issues and in how they interpret their own regulations.
5. When an administrative agency proposes a regulation, federal law requires the publication of the proposed administrative regulation in the _________________________.This publication constitutes constructive notice to the public of the proposed regulation and allows for public comment on the proposed regulation by interested businesses and parties.
6. Rulemaking and __________________ are the two primary functions of an administrative agency.
7. Administrative agencies are required to honor the constitutional rights of individuals and businesses, but lesser protection is afforded to business records since the records custodian of a business or corporation is not entitled to invoke the privilege against _________________ for records required by law to be maintained.
8. Administrative agency actions are presumed to be ______________________ and, as a result, a person or business seeking the reversal of an agency action has the burden of proving a valid ground for reversal of the agency's action.
9. Because of the requirement of ___________________________, a party aggrieved by an agency enforcement action may not appeal the agency's decision to the Courts unless the agency issues a "final decision" on the matter.
10. In the case of F.C.C. v. Fox Television Stations, in your eText, Fox and ABC successfully asserted a First Amendment challenge to the FCC fines imposed for allegedly obscene programming because the obscenity standards used by the agency were too ____________________.

Section II. Short Answer.

1. Administrative agencies are generally required by the Due Process Clause to hold an administrative hearing when it decides to enforce its regulations against an individual or a business entity. However, agency enforcement hearings are typically less formal than a judicial or court hearing and there are significant differences between a judicial proceeding and a quasi-judicial hearing. Identify two major differences between the two types of hearings. (5 Points)
2. In the case of Bally Mfg. Corp. v. New Jersey Casino ControlCommission, 85 NJ. 325 (1981),the Plaintiff Bally challenged an agency regulation that limited the sales of its slots to casinos to a certain percentage of the casino's overall number of slots.Bally's claimed that it was singled out, targeted and harmed by the agency and deprived of due process and an administrative, evidentiary hearing regarding the factual basis of the agency's claims. After reading the case, do you think it was fair of the agency to proceed in its rulemaking capacity to deprive Bally, the premiere maker of slot machines, of its otherwise lawful business pursuits? Explain. (5 Points)
3. Explain why the New Jersey Supreme Court in the Bally case believed that the 50% limitation imposed on Bally was not "arbitrary and capricious" despite the agency's failure to articulate a basis for adopting that percentage. Do you agree? (5 Points)

Section III. Practical Skills Section

1. Using Westlaw Campus Research, click on "Statutes and Court Rules," search the New Jersey Statutes and find the state's "Administrative Procedures Act" by typing its title into the search bar. The Statute may be found under Title 52, Chapter _______.

1. Find and review the case of Tarus v. Borough of Pine Hill, 189 N.J. 497 (2007) and summarize and explain the findings of the New Jersey Supreme Court on the following question: Did the Council violate the Plaintiff's right to videotape a municipal council meeting when it ordered him to stop and had him arrested for refusing to do so? In other words, were the Council's actions towards the Plaintiff "arbitrary, capricious and unreasonable?"

Section IV.

Find and review the case of In re Reallocation of Probation Officer, 441 N.J. Super. 434 (App. Div. 2015) and summarize the finding of the Appellate Division in that case in one or two paragraphs. Be sure to explain the "arbitrary and capricious" standard used by the Court to assess the agency's action.