SECOND PART: Instructional Objectives for this activity:
Generalize the roles of rulemaking and adjudication in administrative law
Agency adjudication can be formal or informal, and the rules of procedure differ with respect to each.
Understanding the difference is critical to the success of your client’s case.
Using Microsoft Word, prepare a document that answers the following questions:
When does the federal Administrative Procedure Act require that an adjudicatory proceeding be conducted on a formal, i.e., “trial-type” basis?
What are the two basic requirements of due process of law when a person’s property or liberty is significantly affected by administrative process?
What is meant by an “ex parte” contact? To what extent are ex parte contacts regulated in formal administrative adjudication?
Identify and describe the principal elements of a formal adjudicatory hearing.
Compare the standards for admissibility of evidence in administrative proceedings to the standards applicable in a court of law.
Answers must be substantive and reflect an understanding of the concepts
Complete answers will require three to five sentences.
Reference all sources