Chapter 8 Administrative Law

Front 1

Orders

Back 1

are any actions other than rulemaking.

Front 2

A proceeding to determine if an individual or person
has violated a regulation or statute

Back 2

adjudication

Front 3

Who may participate in adjudication?

Back 3

Courts have concluded that parties in interest includes:

(1) Named parties to the proceeding, and

(2) Those subject to the agency action

Front 4

Intervention

Back 4

a process whereby an interested
nonparty may apply to become a named party.

Front 5

Other Methods of Participation In Adjudication

Back 5

Being called as a witness.

Filing an amicus curie brief.

Participating in a class action suit.

Front 6

Who is entitled to notice of adjudication?

Back 6

Those Subject to agency action must be given notice

Front 7

What is Discovery?

Back 7

Pretrial process whereby the parties
exchange information about the case.

Front 8

What is purpose of Discovery?

Back 8

The purpose is that it:

Prevents trial by surprise

Allows for realistic case evaluations

Facilitates settlements

Front 9

6 Tools of Discovery

Back 9

1.
Interrogatories are written question presented to a party
that are answered in writing under oath.

2.
Depositions consist of oral testimony given under oath to
parties and/or witnesses.

3.
Requests for production of documents require a party
to produce documents specified by the requesting party.

4.
Requests for admissions are requests made in writing to
a party asking the party to admit the truth of a statement, deny
the statement or express an objection to the statement.

5.
A bill of particulars is a request for a more detailed or
definite statement explaining or supplementing a pleading.

6.
Subpoenas are used to require production of documents in
the possession of nonparties.

Front 10

Stipulation

Back 10

Binding agreement between the parties
concerning a particular matter or
matters.

Note: Not a Discovery issue. Can come
into play at anytime.

Front 11

Evidence Rule for Administrative
Law

Back 11

Federal Rules of Evidence do not apply
in administrative hearings. (HUGE!)

The APA allows for any oral or written evidence to
be admitted subject to rules created by the
agency to exclude irrelevant, immaterial or
unduly repetitious evidence.

Front 12

Prejudicial Error Rule

Back 12

An error is prejudicial if it affects the outcome of the
case. Harmless errors are not reversible.

Front 13

Legal Residuum Rule

Back 13

Agency decisions may be made in large part on evidence
not admissible in court but may not be made entirely on
such evidence. A minimum residuum of competent
evidence must support the agency's decision.

Front 14

Privileged and Illegal Evidence

Back 14

Privileges include communications between:

Husband and wife

Attorney and client

Physician and patient

Front 15

Exclusionary Rule

Back 15

provides that illegally obtained
evidence is inadmissible in criminal cases.

Not applicable in civil cases.

Applicable in some but not all administrative
proceedings.

Front 16

Official Notice

Back 16

Parties may request for the judge to take judicial notice of certain facts.

The presiding officer at an administrative hearing may take official notice of a fact.

Front 17

Burden of production

Back 17

concerns who has the obligation to
produce evidence or raise an issue.

Front 18

Burden of persuasion

Back 18

refers to the task of convincing the
trier of fact that your position is meritorious.

Front 19

Standards

Back 19

the level or degree by which a
case must be proven

See chart bottom page 225 Figure 8-3

Front 20

Final, Initial and Recommended Decisions

Back 20

When agency heads preside over a hearing, the agency
head may render a final decision (like a judge following
a trial).

When an ALJ presides over a hearing, they issue an
initial or recommended decision.

Front 21

Findings in Formal Adjudications

Back 21

There are no findings requirements regarding
informal adjudications.