News

State of Washington & State of Minnesota v. Trump

Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, Titled “Reducing Regulation and Controlling Regulatory Costs”

OMB Circular No. A-4 (referenced in the guidance document)

Assignment

Chapter 3, Section II and the remainder of the chapter.

APA Adjudication Provisions

These set up the framework for Formal/APA adjudications. We will parse these. Much of the framework is also applicable to non-APA adjudications.One of the reasons we care about whether these apply is that the Equal Access to Justice Act– 28 U.S. Code § 2412 (d)(1)(D) allows attorney’s fees for APA proceedings as described in APA 504 (A)(4) which refers to 554 proceedings.)

554 -Adjudications.

556 – Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision.

557 – Initial decisions; conclusiveness; review by agency; submissions by parties; contents of decisions; record.

558 – Licensing

LA Law Note – Title 49, Chapter 13, §961. Licenses

Resources

Formal Adjudications

Limiting Bias in Adjudications

Licensing and Permitting