Adjudication

Question 1

Adjudication

Answer 1

Quasi-judicial proceeding by which agencies retrospectively determine the rights and liabilities of parties subject to agency’s jurisdiction

Question 2

Formal Adjudication

Answer 2

Resembles a trial

Governed by Administrative Orders and Procedures Act (AOPA)

Question 3

Notice of Hearing

Answer 3

Person brought before agency is entitled to notice at least 5 DAYS before hearing

Question 4

Petitioning for Administrative Review: In General

Answer 4

Private party may initiate a hearing through a PETITION FOR ADMINISTRATIVE REVIEW

Question 5

Petitioning for Administrative Review: Procedure

Answer 5

Petition must be:

(1) In WRITING
(2) Made within 15 DAYS of receiving notice of agency order (revocation of business license)
(3) Stating facts showing petitioner is PERSON TO WHOM ORDER IS SPECIFICALLY DIRECTED OR PERSON ADVERSELY AFFECTED BY ORDER

Question 6

Administrative Law Judge (ALJ)

Answer 6

Presides over hearing

Question 7

ALJ: When ALJ is the Ultimate Authority

Answer 7

If ALJ is ultimate authority, then final order must contain CONCLUSIONS OF LAW

Question 8

ALJ: When ALJ is NOT the Ultimate Authority

Answer 8

If ALJ not ultimate authority, then ALJ makes initial decision (non-final order)

Agency’s ultimate authority will review ALJ’s findings and:

(a) Render final judgment; or
(b) Remand for further fact-finding

Question 9

Rules of Evidence in Adjudication

Answer 9

Rules of Evidence are similar to the rules that govern trials

Hearsay is generally PERMISSIBLE

Question 10

Burden of Proof

Answer 10

On party seeking the order by preponderance of the evidence

Generally the agency

Question 11

Due Process

Answer 11

If an agency uses adjudication to deprive a person of life, liberty, or property, it must give that person due process of law