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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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join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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