Federal Agency Formal Hearings

Question 1

What is Required

Answer 1

Written Notice

Question 2

Written Notice

Answer 2

time, place and nature of hearing, authority and jurisdiction, matter of fact and law asserted

Question 3

Proof

Answer 3

Evidence will be admissible if: reliable, probative and substantial evidence.

Evidence is inadmissible if it is privileged, irrelevant, immaterial or repetitious.

Question 4

Rules of Evidence in Adjudication

Answer 4

Generally not applicable: Hearsay is allowed if probative and fair.

Question 5

Rights During Trial

Answer 5

Right to: examine, present testimony and arguments orally, admit documents

Question 6

Ex Parte Communication

Answer 6

No ex parte communication with decision maker (any off record comments regarding merits of case, comments about procedure are ok)

Remedy: disclosure on record and opportunity to respond.

Question 7

Decision Makers: Deference Given

Answer 7

Generally none, exception is credibility

Question 8

Decision Makers: Bias and Prejudice

Answer 8

Views on law or policy are valid.

Made up mind on adjudicative facts is improper

Question 9

Findings and Reasons

Answer 9

Final order must be in writing and contain findings of facts and conclusions of law.

Must be detailed enough to permit review