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Introduction to Adjudications

Introduction to Adjudications. APA Provisions. Formal (APA) Adjudications under the US APA US - 554, et seq. Louisiana Provisions LA - 955, et seq. Formal (APA) v. Informal (Non-APA) Adjudications. What is the language in 554 that triggers a formal adjudication?

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Introduction to Adjudications

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  1. Introduction to Adjudications

  2. APA Provisions • Formal (APA) Adjudications under the US APA • US - 554, et seq. • Louisiana Provisions • LA - 955, et seq.

  3. Formal (APA) v. Informal (Non-APA) Adjudications • What is the language in 554 that triggers a formal adjudication? • What are the subsequent provisions this triggers? • Why do we call informal adjudications non-APA adjudications?

  4. Requirements of Formal Adjudications • No ex parte communications - 557(d) • What is an ex parte communication? • What is the loophole? • Separation of Functions • How does this cure the loophole?

  5. Administrative Cost and Formal Adjudications • Administrative cost is a key concept in adlaw • Administrative agencies carry out huge numbers of adjudications • What would it cost if each of these looked like a trial? • What sort of delays would you expect? • What if FEMA used trials to decide on compensation checks?

  6. Costs of Formal Adjudications • Monetary costs are high • Time costs are high • They reduce agency flexibility • They are legally disfavored • Why might you want one for your client? • Why are administrative costs useful to lawyers?

  7. Judicial Limitations on Formal Adjudications • Most of the circuits and the United States Supreme Court are reticent to order formal adjudications unless the language of the statute clearly requires it. • If you want one, you have to convince the court that congress intended for you to have one.

  8. Rules of Evidence in Administrative Proceedings (Formal and Informal) • What is the purpose of the rules of evidence in Article III trials? • What is the underlying theory of the rules? • How does this change when there is no jury? • Why would this be different in an inquisitorial proceeding? • How do agencies treat the admission of evidence?

  9. Hearsay • What is hearsay? • Why is excluded in the rules of evidence, except for the zillion exceptions? • Why would the hearsay rule not be as important in an agency proceeding? • What was the Residuum Rule? • This has been replaced by the "substantial evidence" standard used for all agency evidence • LA uses "sufficient evidence" - may not be the same standard.

  10. Types of Informal Adjudications • Social security disability determinations • Federal student loans • Medicaid eligibility determinations • In general, all government legal determinations based on specific facts that are not judicial decisions are adjudications • Rules that apply generally, even if the class of parties is very small, are not adjudications.

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