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2009

Administrative Law

The University of Akron

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Full-Text Articles in Law

Chevron And Hearing Rights: An Unintended Combination, William S. Jordan Apr 2009

Chevron And Hearing Rights: An Unintended Combination, William S. Jordan

Akron Law Publications

Section 554(a) of the Administrative Procedure Act provides that if a statute requires an agency an adjudicatory decision “to be determined on the record after opportunity for agency hearing,” that hearing will be subject to various requirements, including the use of an independent Administrative Law Judge, separation of the functions of investigation/prosecution and decision, and a prohibition on ex parte contacts. The courts of appeals have reached three distinct positions with respect to the question of when a statutory hearing requirement triggers § 554(a) of the APA. First, the First Circuit articulated a presumption that, for adjudications, a ...