Why would an agency want to do this, as opposed to making a rule? Why is it easier to assure consistent agency policy through rulemaking than through adjudications? ALJs and AJs How does an inquisitorial process (agency adjudication) differ from an adversarial (court) trial? What are Article III judges, how are they selected, disciplined, and removed? How do these factors change for an Article V Louisiana judge? How can an Article III judge enforce a judgment? Can an ALJ enforce a judgment? How does the section and supervision of an ALJ differ from an Article III judge? Can ALJ’s be fired? Can they be required to meet performance standards for their work? How is an ALJ's decision in the federal system different from an Article III judge's decision? Is an ALJ decision final (when issued)under the APA? Can the agency treat the decision as final? Why did EPA do this for some decisions? If the agency does not treat the decision as final, what does the agency do with it? Do ALJs bind the agency in the federal system? Admission of Evidence What is the purpose of the rules of evidence in Article III trials? How does the policy for admitting evidence differ between an Article III jury trial and an ALJ hearing? How is this changed when it is an Article III non-jury trial? Does the APA establish the rules for admitting evidence into administrative proceedings?
Why would an agency want to do this, as opposed to making a rule? Why is it easier to assure consistent agency policy through rulemaking than through adjudications? ALJs and AJs How does an inquisitorial process (agency adjudication) differ from an adversarial (court) trial? What are Article III judges, how are they selected, disciplined, and removed? How do these factors change for an Article V Louisiana judge? How can an Article III judge enforce a judgment? Can an ALJ enforce a judgment? How does the section and supervision of an ALJ differ from an Article III judge? Can ALJ’s be fired? Can they be required to meet performance standards for their work? How is an ALJ's decision in the federal system different from an Article III judge's decision? Is an ALJ decision final (when issued)under the APA? Can the agency treat the decision as final? Why did EPA do this for some decisions? If the agency does not treat the decision as final, what does the agency do with it? Do ALJs bind the agency in the federal system? Admission of Evidence What is the purpose of the rules of evidence in Article III trials? How does the policy for admitting evidence differ between an Article III jury trial and an ALJ hearing? How is this changed when it is an Article III non-jury trial? Does the APA establish the rules for admitting evidence into administrative proceedings?
adlaw-2018s-Chapter-3.docx