Introduction to Adjudications
APA Provisions
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Formal (APA) Adjudications under the US APA
 US - 554, et seq.
Louisiana Provisions
 LA - 955, et seq.
Formal (APA) v. Informal (Non-APA)
Adjudications
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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
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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
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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
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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
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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)
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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
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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This has been replaced by the "substantial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
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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.