triggers) § 554 has several requirements, however the organic statute may supplement the APA requirements. Agencies must provide personal notice of any hearing to the affected parties including the time, place, nature of the hearing, and the matters of fact and law asserted. The agency must also allow the parties to submit consideration of facts, arguments, offers of settlement, proposals, when time, the nature of the proceeding, and the public interest permit. Adjudication- Triggering Formal adjudication is Chemical Waste Courts will apply the chevron APA much more common Management Inc. v test to an agency’s because more organic EPA interpretation of whether the statutes incorporate the adjudication requires a necessary trigger language hearing on the record. than for rulemaking. However, more recently the trend has been away from requiring formal adjudication in cases in which the organic statute does not explicitly trigger it. Under City of West Chicago v US Nuclear Regulatory Common (514), the statute is not expressly required to say “on the record,” but if the organic statute does not, then congress must clearly indicate its intent to trigger the formal hearing provisions of the APA. Informal, non-APA The APA says very little Adjudication about informal adjudications, thus they are largely derived from other sources of law. First, the organic statute may specify procedures that different from those in the APA> Second, agencies may adopt their own
triggers) § 554 has several requirements, however the organic statute may supplement the APA requirements. Agencies must provide personal notice of any hearing to the affected parties including the time, place, nature of the hearing, and the matters of fact and law asserted. The agency must also allow the parties to submit consideration of facts, arguments, offers of settlement, proposals, when time, the nature of the proceeding, and the public interest permit. Adjudication- Triggering APA Formal adjudication is much more common because more organic statutes incorporate the necessary trigger language than for rulemaking. However, more recently the trend has been away from requiring formal adjudication in cases in which the organic statute does not explicitly trigger it. Under City of West Chicago v US Nuclear Regulatory Common (514), the statute is not expressly required to say “on the record,” but if the organic statute does not, then congress must clearly indicate its intent to trigger the formal hearing provisions of the APA. Chemical Waste Management Inc. v EPA Courts will apply the chevron test to an agency’s interpretation of whether the adjudication requires a hearing on the record. Informal, non-APA Adjudication The APA says very little about informal adjudications, thus they are largely derived from other sources of law. First, the organic statute may specify procedures that different from those in the APA> Second, agencies may adopt their own
Administrative%20Law%20-%20Glicksman%20-%20Fall%202010.docx