Adjudication

Question 1

Adjudication is…

Answer 1

Sec. 554 - Anything that is not rulemaking; an “order,” which is a final disposition other than rulemaking but including licensing E.g. D. of. Ed determination on Stafford loans

Question 2

Formal adjudication

Answer 2

Sec. 554 - required when “required by statute to be determined on the record after opportunity for an agency hearing”; then 556 & 557 apply - if statute is ambiguous in its requirements, circuit split: some apply Chevron, some presume formal adjudication

Question 3

Initial req for APA adjudication

Answer 3

Notice of time, place, and nature of hearing; legal authority; matters of fact and law asserted - Sec. 554