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Simple English definitions for legal terms
informal adjudication
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A quick definition of informal adjudication:
Informal adjudication is when an administrative agency makes a decision without following strict rules like formal adjudication. The agency still has to follow some procedures to make sure the decision is fair, but these procedures can be different for each agency. Sometimes, Congress passes laws that require agencies to have more procedures to protect people's rights. The way agencies make decisions can also be different - some are like a trial, while others are more like a conversation.
A more thorough explanation:
Informal adjudication is a process used by administrative agencies to make decisions without following the formal procedures required by law. Unlike formal adjudication, which has specific procedural requirements set by the Administrative Procedure Act (APA), informal adjudication is not subject to these requirements. Instead, the agency's internal regulations, statutes, or the Due Process Clause regulate the process.
Informal adjudication must still provide procedural protections, but agencies have more flexibility in crafting these protections. The Due Process Clause sets a minimum threshold for procedural protections, but Congress can also pass laws requiring additional safeguards.
Examples of informal adjudication vary from agency to agency. For instance, the Department of Justice's immigration court proceedings closely resemble formal adjudications, while the Department of Veterans Affairs' system for adjudicating applications for benefits is non-adversarial and requires the adjudicator to proactively develop facts and claims in the case.
Overall, informal adjudication is a flexible process that allows administrative agencies to make decisions efficiently while still providing some procedural protections.