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? What are the subsequent provisions this triggers? Why do we call informal adjudications non-APA adjudications?

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?

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?

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?

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.

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?

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 This has been replaced by the "substantial evidence" standard used for all agency evidence LA uses "sufficient evidence" - may not be the same standard.

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.