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Off-The-Record Consultations And The Revised Model State Administrative Procedure Act, John H. Martin
Off-The-Record Consultations And The Revised Model State Administrative Procedure Act, John H. Martin
Michigan Law Review
The drafters of the Revised Act have sought to resolve the confrontation of policy objectives in part by insisting that the decision maker refrain from off-the-record communications with any of the parties to the proceeding. However, there are a number of ambiguities in the act which indicate that it may be possible for state agencies to avoid this objective. Furthermore, implementation of the policy decisions of the drafters may prove to be undesirable for the overall operation of state administrative agencies. This comment will consider these two possible criticisms of the Revised Model Act and will suggest that changes be …
Rights Of Persons Compelled To Appear In Federal Agency Investigational Hearings, David C. Murchison
Rights Of Persons Compelled To Appear In Federal Agency Investigational Hearings, David C. Murchison
Michigan Law Review
By statutes designed to protect the public interest, many federal administrative agencies-such as the Interstate Commerce Commission, the Federal Communications Commission, the Securities and Exchange Commission, the Federal Trade Commission, and the Civil Aeronautics Board-are granted authority to conduct investigations dealing with substantive matters committed to their respective jurisdictions. In an increasing number of instances, these agencies are empowered to utilize compulsory process; persons may be ordered to appear and give testimony or to produce documents in so-called investigational hearings, subject to criminal sanctions for noncompliance. The use of investigational hearings by these agencies as an ancillary law enforcement tool …