Email: Learning Journey: Due Process Adjudication Day 3

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  Welcome to the third installment of your Learning Journey on due process rights in administrative adjudication.

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Welcome to the third installment of Ballotpedia’s Learning Journey on procedural due process rights in administrative adjudication.  Today we review the main arguments in support of increased due process protections and procedural rights in administrative adjudication. Supporters of increased due process protections in agency adjudication argue that existing adjudication procedures fail to embody constitutional standards and that informal adjudication weakens due process. Let's get started! Argument: Due process protections in agency adjudication are unconstitutionally insufficient Supporters of increased due process protections in agency adjudication argue that existing adjudication procedures are unconstitutionally insufficient. For example, some supporters of increased due process protections claim that agencies fail to provide individuals subject to criminal penalties with fair notice of proceedings. Others argue that administrative judges (a type of federal administrative adjudicator) are unconstitutionally biased. Since the adjudication process fails to establish a level playing field between parties, according to this argument, agency adjudication violates constitutional due process protections. Pop quiz! Judge Henry Friendly’s model list of procedural due process protections during agency adjudication included which of the following protections? An unbiased tribunal. Opportunity to be represented by counsel. The right to cross-examine adverse witnesses. All of the above  Argument: Informal adjudication weakens due process Supporters of increased due process protections in agency adjudication argue that informal adjudication weakens due process protections for defendants because it fails to follow Administrative Procedure Act (APA) procedures. The lack of defined informal adjudication requirements and the judicial deference given to agency informal adjudication procedures serve to deny due process. What's Next? Tomorrow we’ll wrap up our Learning Journey on procedural due process rights in administrative adjudication.   Go Deeper: Taxonomy of arguments about administrative due process and procedural rights in the context of agency adjudication

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