The Last Frontier: Fair Procedure in Informal Administrative Adjudication

Michigan Journal of Environmental and Administrative Law

127 Pages Posted: 26 Mar 2024

See all articles by Michael Asimow

Michael Asimow

SANTA CLARA LAW SCHOOL ; Santa Clara University - School of Law

Date Written: February 25, 2024

Abstract

The federal government engages in massive amounts of informal adjudication. Informal adjudication means a process that resolves a dispute between the government and a private party by making an individualized and legally binding decision without being required to conduct an evidentiary hearing if the dispute is not settled. The article sketches the highly diverse world of federal informal adjudication and surveys the procedural requirements imposed on it by due process and federal statutes. It proposes a set of best practices for conducting and improving informal adjudication that are rooted in those legal requirements. Agencies should adapt these practices to their individual circumstances and then adopt them as procedural regulations. The process by which federal agencies engage in informal adjudication should be accurate, efficient, and perceived by stakeholders to be fair.

Keywords: Administrative law, administrative adjudication, informal adjudication, best practices, Type C adjudication

Suggested Citation

Asimow, Michael R., The Last Frontier: Fair Procedure in Informal Administrative Adjudication (February 25, 2024). Michigan Journal of Environmental and Administrative Law, Available at SSRN: https://ssrn.com/abstract=4738364

Michael R. Asimow (Contact Author)

SANTA CLARA LAW SCHOOL ( email )

23850 Via Esplendor V62 Trinity Drive
Cupertino, CA California 95014
United States
650-575-4858 (Phone)

Santa Clara University - School of Law ( email )

500 El Camino Real
Santa Clara, CA 95053
United States

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