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Evidentiary hearing (administrative state)
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An evidentiary hearing is an administrative proceeding during which interested parties have the opportunity to present evidence in support of their position in a case. Though evidentiary hearings are not always required under the Administrative Procedure Act (APA), other statutes may require agencies to conduct evidentiary hearings during formal or informal adjudication. The APA has procedures for conducting evidentiary hearings during formal adjudication. During informal adjudication, however, the procedures for evidentiary hearings range from trial-type hearings to reviews of written submissions.[1][2][3]
What is adjudication?
- See also: Adjudication
Administrative adjudication proceedings include federal agency determinations outside of the rulemaking process that aim to resolve disputes between either agencies and private parties or between two private parties. Individuals subject to adjudication proceedings may be in the following situations:[4][5]
- They appealed an agency decision
- The agency found them to be in violation of a law that the agency administers
- They applied for licensure, accreditation, or other agency permissions.
Formal adjudication proceedings are governed by the APA and include a hearing followed by an adjudicative order issued by the agency. Informal adjudication, which makes up nearly 90 percent of adjudication proceedings according to the American Bar Association, varies according to agency-specific statutes, but generally operates under more relaxed rules than formal adjudication. Both methods result in an adjudicative order, which resolves the dispute and, in some cases, may set agency policy.[4][5]
Evidentiary hearings during adjudication
Evidentiary hearings are proceedings during administrative adjudication in which interested parties to a case have the opportunity to present evidence in support of their position. The exclusive record principle, which limits adjudicators to only considering information presented by the parties when making factual determinations, applies during evidentiary hearings. Depending on the statutory requirements, federal agencies may conduct evidentiary hearings through trial-type proceedings, informal procedures, or examinations of written submissions.[1][2]
Evidentiary hearings during administrative adjudication proceedings are not required under the Administrative Procedure Act (APA). Other statutes, however, may require a federal agency to conduct an evidentiary hearing during the adjudication process. The APA puts forth procedures for conducting evidentiary hearings during formal adjudication proceedings, which are presided over by an administrative law judge (ALJ). Evidentiary hearings conducted during informal adjudication proceedings, which are most often presided over by an administrative judge (AJ), are governed by the agency's own procedural regulations.[3]
See also
External links
Footnotes
- ↑ 1.0 1.1 USLegal.com, "Evidentiary Hearing Law and Legal Definition," accessed October 1, 2018
- ↑ 2.0 2.1 Administrative Conference of the United States, "Evidentiary Hearings Outside the Administrative Procedure Act," November 10, 2016
- ↑ 3.0 3.1 Administrative Conference of the United States, "Evidentiary Hearings Not Required by the Administrative Procedure Act," December 15, 2016
- ↑ 4.0 4.1 Washington and Lee Law Review, "Agency Adjudication, the Importance of Facts, and the Limitations of Labels," March 1, 2000
- ↑ 5.0 5.1 Administrative Conference of the United States, "Informal Agency Adjudication, Committee on Adjudication, Proposed Recommendation for Committee," October 20, 2016
