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Flashcards in Adjudication Deck (11)
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1

Adjudication

Quasi-judicial proceeding by which agencies retrospectively determine the rights and liabilities of parties subject to agency's jurisdiction

2

Formal Adjudication

Resembles a trial

Governed by Administrative Orders and Procedures Act (AOPA)

3

Notice of Hearing

Person brought before agency is entitled to notice at least 5 DAYS before hearing

4

Petitioning for Administrative Review: In General

Private party may initiate a hearing through a PETITION FOR ADMINISTRATIVE REVIEW

5

Petitioning for Administrative Review: Procedure

Petition must be:

(1) In WRITING

(2) Made within 15 DAYS of receiving notice of agency order (revocation of business license)

(3) Stating facts showing petitioner is PERSON TO WHOM ORDER IS SPECIFICALLY DIRECTED OR PERSON ADVERSELY AFFECTED BY ORDER

6

Administrative Law Judge (ALJ)

Presides over hearing

7

ALJ: When ALJ is the Ultimate Authority

If ALJ is ultimate authority, then final order must contain CONCLUSIONS OF LAW

8

ALJ: When ALJ is NOT the Ultimate Authority

If ALJ not ultimate authority, then ALJ makes initial decision (non-final order)

Agency's ultimate authority will review ALJ's findings and:

(a) Render final judgment; or

(b) Remand for further fact-finding

9

Rules of Evidence in Adjudication

Rules of Evidence are similar to the rules that govern trials

Hearsay is generally PERMISSIBLE

10

Burden of Proof

On party seeking the order by preponderance of the evidence

Generally the agency

11

Due Process

If an agency uses adjudication to deprive a person of life, liberty, or property, it must give that person due process of law