to provide full and fair Potential opportunity to protect the deprivation @ interest requires a 3 factor issue- reliance on test. The effect of the test is benefit- delay that where the importance between of the interest times the hearing increased accuracy is and cut-off greater than the cost of Most imp. 2 least additional procedures, due imp.: personal process requires additional liberty, parental procedures. Otheriwse, due rights, welfare process does not require benefits, basic the additional procedures utilities, disability insurance benefits, employment The risk of an erroneous deprivation of such interest through the procedures used, and the probably value, if any, of additional or substitute procedural safeguards Reliability & fairness of current procedure If add’l procedures doesn’t increase accuracy= not required The governments interest including the function involved, the fiscal and administrative burden that the additional or substitute procedural requirement would entail Cost alone not sufficient- but policy like efficiency, etc. Informal Agency Action- § 555(e) is the only Overton Park: the Informal Adjudication informal agency decision to build the adjudication requirement highway was an under the APA, which is to “order”. provide prompt notice Informal Agency Action- § 553(a)(A) exempts America Hosp. Assn v Courts distinguishment is not Non-legislative Rules rules from notice Bowen clear. Instead, the court itself & comment procedures. as viewed the various These rules are approaches as fuzzy, tenuous,
to provide full and fair opportunity to protect the interest requires a 3 factor test. The effect of the test is that where the importance of the interest times the increased accuracy is greater than the cost of additional procedures, due process requires additional procedures. Otheriwse, due process does not require the additional procedures Potential deprivation @ issue- reliance on benefit- delay between hearing and cut-off Most imp. 2 least imp.: personal liberty, parental rights, welfare benefits, basic utilities, disability insurance benefits, employment The risk of an erroneous deprivation of such interest through the procedures used, and the probably value, if any, of additional or substitute procedural safeguards Reliability & fairness of current procedure If add’l procedures doesn’t increase accuracy= not required The governments interest including the function involved, the fiscal and administrative burden that the additional or substitute procedural requirement would entail Cost alone not sufficient- but policy like efficiency, etc. Informal Agency Action- Informal Adjudication § 555(e) is the only informal agency adjudication requirement under the APA, which is to provide prompt notice Overton Park: the decision to build the highway was an “order”. Informal Agency Action- Non-legislative Rules § 553(a)(A) exempts rules from notice & comment procedures. These rules are America Hosp. Assn v Bowen Courts distinguishment is not clear. Instead, the court itself as viewed the various approaches as fuzzy, tenuous,
Administrative%20Law%20-%20Glicksman%20-%20Fall%202010.docx