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ADMINISTRATIVE ADJUDICATION PROCEDURE - Coggle Diagram

- - - - Interested parties can intervene
        
        Opportunity for settlement
        
        A relevant "employee" (Administrative Law Judge) presides at the hearing
        
        That person makes initial decision/recommendation
        
        Potential appeal to agency
        
        Potential appeal to federal court
        
        1 more item...
        
        § 557(b): "On appeal from or review of the initial decision, the agency has all the powers which it would have in making the initial decision except as it may limit the issues on notice or by rule. When the agency makes the decision without having presided at the reception of the evidence, the presiding employee or an employee qualified to preside at hearings pursuant to section 556 of this title shall first recommend a decision"
        
        See § 556(c), § 554(d) and especially § 557(b): the "employee's" recommended decision becomes the decision of the agency unless appealed.
        
        § 554(d) speaks of "the employee who presides at the reception of evidence pursuant to section 556." § 556 (b) gives the authority to take evidence either to the agency, to "one or more members of the body which comprises the agency," or to administrative law judges.
        
        The following, from § 556(c), describe the kinds of things that an ALJ or presiding officer can do at an adjudicatory hearing, which can much resemble a trial:
        
        (1)administer oaths and affirmations;
        
        (2)issue subpenas authorized by law;
        
        (3)rule on offers of proof and receive relevant evidence;
        
        (4)take depositions or have depositions taken when the ends of justice would be served;
        
        (5)regulate the course of the hearing;
        
        (6)hold conferences for the settlement or simplification of the issues by consent of the parties or by the use of alternative means of dispute resolution as provided in subchapter IV of this chapter;
        
        (7)inform the parties as to the availability of one or more alternative means of dispute resolution, and encourage use of such methods;
        
        (8)require the attendance at any conference held pursuant to paragraph (6) of at least one representative of each party who has authority to negotiate concerning resolution of issues in controversy;
        
        (9)dispose of procedural requests or similar matters;
        
        (10)make or recommend decisions in accordance with section 557 of this title; and
        
        (11)take other action authorized by agency rule consistent with this subchapter.
        
        § 555(c) also speaks to the opportunity for interested parties to settle and their rights to a hearing governed by § 556 and § 557 if they cannot.
        
        See § 555(b) as well as 554(c), which gives interested parties opportunity for 'the submission and consideration of facts, arguments ... when time, the nature of the proceeding, and the public interest permit."
      - 5 U.S.C. § 554 -- this governs adjudications that are "required by statute to be determined on the record after opportunity for an agency hearing," i.e. "formal" adjudications. § 554(b) is the notice requirement. Notice must include the following:
        
        (1)the time, place, and nature of the hearing;
        
        (2) the legal authority and jurisdiction under which the hearing is to be held; and
        
        (3)the matters of fact and law asserted.