Adjudication Flashcards
What is an agency adjudication?
Agency adjudication is an adversary contest between agency and person or enterprise.
What do agency adjudications include?
1) Imposing fine/sanction for violating statute/rule;
2) Suspending/revoking license to engage in profession (ie medical license);
3) Denying/suspending benefit to person (worker’s compensation).
What are the three SAPA evidentiary rules?
1) Hearing officer may rely on hearsay evidence;
2) Evidence may be submitted in copies or excerpts; and
3) Official documents need not be authenticated.
What are the four rules of agency notice?
1) State time, place, nature of hearing;
2) State legal authority and hearing jurisdiction;
3) Reference particular sections of statutes/rules;
4) Short/plain statement of matters asserted.
What are four facts that show bias of the presiding officer?
1) Personal/business relationship with party;
2) Personal interest in matter;
3) Prejudges case.
What are two facts that are not enough to show bias of officer?
1) Ruling against you in a prior proceeding.
2) Officer presiding over prior proceeding involving similar claim or defense with same party.
How do I raise an objection to what is occurring?
By affidavit filed in proceeding itself
What will the agency then do?
Either get new officer or say no, matter determined on record but subject to judicial review at end of hearing.
Who has the burden of proof?
Person alleging bias. In addition on appeal must also prove admin outcome was a result of bias.
Can the hearing officer communicate directly/indirectly with any person or party?
No, not unless everyone has opportunity to see information /notice is given for parties to participate.
Can officer consider outside evidence?
Cannot rely on information outside record but can rely on facts outside that may be judicially noticed and are within his/her specialised knowledge.
All other outside information, must give parties an opportunity to dispute fact/materiality prior to adjudication.
What is part of the complete record of hearing agency must keep?
1) Notices, pleadings, motions, intermediate rulings;
2) Testimony evidence presented;
3) Statement of all matters officially noticed;
4) Final decision.
What form must the final decision take?
Must be in writing, stated in record and include findings of fact/conclusions of law.
What must you show to show that issues determined at an administrative hearing may be the basis of collateral estoppel?
1) issue as to which preclusion is sought is identical to the issue decided in the prior administrative proceeding;
2) the issue was necessary to the decision in the prior proceeding;
3) the litigant who will be held precluded in the present proceeding had a full and fair opportunity to litigate the issue in the prior proceeding
