Adjudication Flashcards
When is Due Process Triggered?
- State Action
If private parties are involved in government action, there must be sufficient state action to trigger due process. - There must be facts in dispute - cannot transform rule-making into adjudication to trigger due process
- There must be property or liberty interest at stake
Procedural Constraints
Due process considerations
SAPA
Organic enabling act
What is a property interest
Real and personal property, chattel and money
specific government benefits if “legitimate claim of entitlement to it”
No property interest in state action benefiting person indirectly
tenured job at state university - property interest
freedom from suspension from public school - property interest
licenses - property
What is a Liberty Interest
ability to move free from physical restraint
not so much interest in reputation
freedom from school imposed corporal punishment is not a liberty interest
What Process is Due
Balancing test looking at
interests of party seeking process
interest of the government
risk of an erroneous deprivation if process is not supplied
What is an Adjudicatory Proceeding
an activity that is NOT a rule making proceeding or employee disciplinary action before an agency and
determination of legal rights, duties, or privileges is required by law to be made (i) made on the record (ii) after an opportunity for an agency hearing.
Hearing Rule
Adjudicatory proceedings must afford parties an opportunity for a hearing
- in a reasonable time
- with reasonable notice
- opportunity to submit evidence and argument
- settlement or stipulation
- right to counsel
- procedures - agencies must adopt rules to govern hearings and appeals
Notice of Hearing Requirements
time, place and nature of hearing
legal authority and jurisdiction
statutes and rules involved
short plain statement of matters asserted
interpreter services for deaf available free of charge
Record Requirements for Adjudicatory Proceedings
notices, pleadings, motions, intermediate rulings
evidence presented
matters officially noted
questions and offers of proof, related objections, and rulings on them
proposed findings and exceptions
findings of fact and conclusions of law
any decisions rendered
Presiding Officers for Adjudicatory Prodeedings
must be presided over by
- the agency
- one or more members of the agency
- one or more hearing officers designated by the agency to conduct hearings
duties of administrative officer
administer oaths and affirmations
issue subpoenas
take testimony and depositions
regulate course of hearings
set time and place for continued hearings
direct parties to appear and confer to consider simplification of issues
recommend a stay be granted in accord with military law
Evidence Rules and Privilege
agencies need not follow rules of evidence
must give effect to rules of privilege recognized by law
Evidence Rules and Relevance
Irrelevant or unduly repetitious evidence or cross examination may be excluded
Evidence Rules - Hearsay
Allowed and can be basis for determination
Evidence Rules and Burden of Proof
on the party initiating the proceeding
