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Simple English definitions for legal terms

formal adjudication

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A quick definition of formal adjudication:

Formal adjudication is a process used by government agencies to settle disputes. It is governed by the Administrative Procedure Act (APA). When a statute requires it, agencies must use formal adjudication instead of informal methods. Formal adjudication follows specific procedures outlined in sections 554, 556, and 557 of the APA. These procedures include oral hearings, notice to interested parties, and the opportunity to present evidence and arguments. The administrative law judge issues a decision with findings and conclusions, similar to a judge in a regular trial.

A more thorough explanation:

Formal adjudication is a process used by administrative agencies to resolve disputes, which is governed by the Administrative Procedure Act (APA). This process is required when the statute that creates the agency mandates it. Formal adjudication involves a trial-like proceeding where parties present evidence and arguments, and an administrative law judge issues a decision with findings and conclusions.

Sections 554, 556, and 557 of the APA establish the procedural requirements for formal adjudication. Section 554 requires that the procedural protections in sections 556 and 557 be followed when the statute requires the adjudication to be “on the record after opportunity for agency hearing.” This provision is narrowly interpreted, and the statute must contain almost exactly that phrase.

For example, in Dominion Energy v. Johnson, the First Circuit found that a statute which required the adjudication to provide an “opportunity for a public hearing” did not require formal adjudication under § 554.

Sections 554, 556, and 557 require oral, trial-type proceedings for formal adjudications. Section 554(b) requires the agency to issue notice of the formal adjudication, and 554(c) ensures that interested parties have the opportunity to present their arguments. Sections 556 and 557 lay out the role of the administrative law judge and the manner by which such adjudications should proceed.

For example, in a formal adjudication, a party may present evidence and cross-examine witnesses, and the administrative law judge must issue a decision with findings and conclusions.

Form S-8 | formal rulemaking

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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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