Liberty interests protected by the Constitution are often created by the Constitution itself.
Rulemaking to which some adjudicatory procedures, such as cross-examination of experts, are added.
This type of rulemaking is also known as “on the record” rulemaking, and is rulemaking pursuant to trial-type procedures akin to adjudication.
Cost-benefit analysis has been identified as a useful tool to improve agency policymaking and reduce the potential for arbitrary agency action.
In order for the opportunity to comment to be meaningful, parties must have notice of data or other information upon which the agency is relying: If notice is inadequate, the cure is a new notice and comment period.
Comments made to administrators outside the normal comment channels are called:
This theory looks at whether law external to the Constitution creates an entitlement to the interest, by specifying the conditions under which the interest must be legally reorganized.
Due process requires _________ and an adjudicatory hearing when agency action affects a particular party and is based on facts specific to the situation of that party. These facts are referred to as “adjudicative facts.”
Agencies must normally follow their own procedural rules, except for rules that are unpublished and not intended to benefit the public but rather intended only to provide guidance to agency employees.
Agencies, like common law courts, often announce new rules in the course of deciding matters in adjudication. The Supreme Court approved their practice on two theories: first, that the practice is within the traditional adjudicatory process and second:
Which one of the following is not a principal requirement of informal rulemaking?
Where no particular procedural model is statutorily or constitutionally required, agencies may make policy informally, i.e., without using either an adjudicatory or rulemaking process.
The Due Process Clauses expressly apply to life, liberty, and ___________.
An administrator must have an open mind in rulemaking, and if it is shown by clear and convincing evidence that an administrator had an unalterably closed mind, that administrator may be disqualified from participating in a rulemaking.
Adjudicating is the favored procedure for formulating general policy-oriented rules because of greater fairness and fact-finding ability.
Property interests protected by the Due Process Clauses are usually created by law external to the:
Agencies must follow their own formally promulgated procedural rules, and they must also follow informally promulgated procedural rules when a member of the public has relied on the rule and has been prejudiced by the agency’s failure to follow it.
This type of rulemaking is a procedure under which a notice of proposed rulemaking is formulated through negotiations among interested parties, presided over by the agency.
When agencies expect no adverse comments, they sometimes use this procedure under which a final rule is announced without prior notice, with a promise that if adverse comments are received, the agency will withdraw the rule and subject it to notice and comment.
Although due process may have originally meant simply that government must provide whatever process has been promised in applicable statutes and rules, today due process is understood as requiring procedures considered adequate in light of the interests and issues involved in the adjudication.
The main APA policymaking tools are rulemaking and _____________.
The primary process for promulgating rules under the APA is notice and comment rule making under APA §______, which is also referred to as informal rulemaking.
An adjudicator is disqualified if a disinterested observer may conclude that the decisionmaker has in some measure adjudged the facts as well as the law of a particular case in advance of hearing it.
Where agency action is based on conditions common to many parties, such as the value of all property in a city, or the effects of a widely used food additive, such general facts are referred to as “___________ facts” and a ___________ process is constitutionally sufficient.
A basic right under due process is the right to a partial decision maker. A decision-maker is neutral if he or she has a pecuniary interest in the outcome of the case or if he or she has prejudged the facts or law of the case.