use only class materials!!!!!!
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eassyqustions.docx
ESSAY ON SECTION 5: INFORMAL PROCESSES AND DISCRETION (Due 11:55 pm, May 13)
Essays should be 4-6 double-spaced pages. They should be written using only lectures and reading materials provided on Moodle. Identify the sources for specific facts, concepts, and quotes by simple parenthetical references. Since you are only to use class materials, the instructor should easily be able to identify the source.
For the essays, you cannot “cut and paste”. Use the materials from class only and be sure to provide a simple reference, such as (Powerpoint) or (Library of Congress).
Answer all parts of the chosen question. Demonstrate that you have reviewed and understand any relevant information in that section’s materials.
When useful to the answer, incorporate details such as case names, author’s names, facts, and particularly specific terms or jargon important to that subject.
The essays should be thematic. Sentences should be complete.
Always address each part of the question. Always include specific details, terms, and cases that properly fit into the analysis.
SCENARIO: You work for the Oregon Liquor Control Commission(OLCC) in the Recreational Marijuana Licensing Office(RMLO). You have many applicants and the place is short-staffed since you loaned workers to the Unemployment Division.
You have two scheduled video meetings today. The first is with a Ms. Eleanor Rigby. Her e-mail says that she is an 80-year old grandmother who needs some extra income to cover her grandson’s tuition. She wants to explore whether it would be a good idea for her to open a marijuana dispensary in Monmouth.
The second meeting will be with Bill Sellsmore from Curaleaf, a marijuana business worth well over $500 million. Sellsmore is interested in getting the OLCC to guarantee the licensing of ten new retail outlets before they invest in Oregon anymore.
While the basic law is that dispensaries must be at least 1,000 feet from a school, there is the possibility for the RMLO to grant limited exceptions. These are based on agency discretionary judgement that the retail facility will not operate in a way that attracts attention from students.
Here are the questions you must answer. If possible, connect your answers to the scenario above.
1. How important are informal processes to public administration? What factors influence the outcomes of informal processes, such as the meetings you have scheduled?
2. What happens if you provide inaccurate advice during these meetings and Rigby or Sellsmore make a bad business decision as a result?
3) How do the courts generally review agency discretionary actions, as demonstrated by the federal court? What could the RMLO get wrong and have a licensing decision overturned in judicial review?
