• Are due process issues (remember them?) involved when an agency engages in administrative adjudication? Due process issues are involved when an agency engages in administrative adjudication. The case of Cinderella Career and Finishing Schools, Inc. v. Federal Trade Commission is an example of a federal agency in this case the FTC violating Cinderella’s constitutional right of due process given to them through the Fifth Amendment of the United States Constitution.
• What kind of due process issues? In the same example, Cinderella pointed out the FTC’s failure to provide them with fair due process. Rosenbloom points out that the Court of Appeals determined the FTC “ma[de] its decision without reference to the record produced by the hearing, and allowing Dixon to participate in the deciding the appeal” (p. 90). During, the second hearing held by the FTC, a commission consisting of FTC commissioners sustained six of the original charges against Cinderella. However, during the second hearing the commissioners reached their decision “with scant attention to the transcript outcome …show more content…
Explain. Since, adjudication varies in “subject matter, procedural due process requirements, and role in agency policymaking” the subject of receiving fair due process is a challenge. Nevertheless, agencies should strive towards providing due process. One way to do so is to require agencies to assess their adjudication process in order to develop objectives and methods that will help to improve the practice of conducting fair adjudication. Additionally, having agencies share their current and past practices with other agencies can help further develop practices that will strive in providing a fair due process. A final recommendation is to enforce agencies to comply with reviewing their work and developing quantifiable methods that will improve their current
• What kind of due process issues? In the same example, Cinderella pointed out the FTC’s failure to provide them with fair due process. Rosenbloom points out that the Court of Appeals determined the FTC “ma[de] its decision without reference to the record produced by the hearing, and allowing Dixon to participate in the deciding the appeal” (p. 90). During, the second hearing held by the FTC, a commission consisting of FTC commissioners sustained six of the original charges against Cinderella. However, during the second hearing the commissioners reached their decision “with scant attention to the transcript outcome …show more content…
Explain. Since, adjudication varies in “subject matter, procedural due process requirements, and role in agency policymaking” the subject of receiving fair due process is a challenge. Nevertheless, agencies should strive towards providing due process. One way to do so is to require agencies to assess their adjudication process in order to develop objectives and methods that will help to improve the practice of conducting fair adjudication. Additionally, having agencies share their current and past practices with other agencies can help further develop practices that will strive in providing a fair due process. A final recommendation is to enforce agencies to comply with reviewing their work and developing quantifiable methods that will improve their current