Administrative Law
Chapter 2 - Part IV
Review of Adjudications
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Adjudications are like trials
They resolve the facts of specific disputes
Binding only on the specific parties
All of the hearing cases we have read fit this
model
What if there are no disputed facts?
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Altenheim German Home v. Turnock, 902 Fed 2nd
582 (Cir 7 1990)
 Hospital licensing dispute
What sort of issues could leave no disputed
facts?
What is the rationale for a hearing?
What would be the result in these cases?
Is it an Adjudication at All?
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If the agency is not determining facts in individual
cases, there is no individual right to a hearing
Do you get a hearing if you do not like a law
passed by the legislature?
What are your remedies for statutes you do not
like?
Rule Making v. Adjudication
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Rule making is like the legislature
 You get participation through notice and
comment
 No individual right to participation
Thus it is critical to determine whether an agency
action is an adjudication or a rule making
Londoner v. Denver
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What did the city do that lead to the case?
What was the procedure for determining the charge?
Did it depend on a standard rule?
Was there a hearing at any point in the charge setting
process?
Why did the court find that this was an adjudication
rather than a rulemaking?
Do you think it mattered what kind of property it was?
Bi-Metallic Investment Co. v. State Board
of Equalization
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How is this case different from Londoner?
What did the plaintiff want?
Rulemaking or adjudication and why?
Any right to a hearing?
Think back to Constitutional law - do taxpayers
ever get a hearing to contest tax RATES as
opposed to individual assessments?
Rules that Only Apply to One Entity
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You regulate copper smelters in Montana
There is only one smelter
The state passes a rule setting arsenic levels in
the effluent for copper smelters
Adjudication or rulemaking?
What are the factors?