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