Index

• Pages: 203-208
• Author: Richard J. Pierce, Jr.

203

INDEX

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References are to Pages

ADJUDICATION

Generally, 21–60

Administrative Law Judges, this

index

Administrative Procedure Act, this

index

Circuit court decisions, agency non-

acquiescence, 54–56

Collateral estoppel, 53–54

Consistency in decisionmaking,

maintaining, 56–60

De novo review, 52

Due process

Generally, 32–43

Adjudicatory decisions subject

to, 32

Deprivation of life, liberty, or

property, 32–36

Individual vs. group or class,

government actions

affecting, 32

Minimum procedures, 36–43

Pre-deprivation oral

evidentiary hearing, 41–

42

Property interest, what

constitutes, 33–36

Scope, 27–32

Statutory entitlements as

property interest, 34–35,

43

Stigma plus test, deprivation of

liberty interest, 35–36

Equitable estoppel, 53

Evidence rules, formal adjudication,

26–27

Formal adjudication

Generally, 23–27

ALJ’s, 24–26

APA provisions, 23

Evidence rules, 26–27

Hearings

Evidentiary hearing, pre-

deprivation, 41–42

Informal adjudication, paper

hearings, 30

Individual vs. group or class,

government actions affecting,

32

Informal adjudication

Generally, 23, 27–31

Limits on procedural

discretion, 29–30

Paper hearings, 30

Procedural safeguards, 30–31

Judicial review

Generally, 44–51

Arbitrary and capricious test,

46–49

De novo review, 51

Errors of law, 49–50

Procedural errors, 43–44

Reasoned decisionmaking, 48

Record rule, 50–51

Substantial evidence standard,

44–46

Law, errors of, judicial review, 49–50

Minimum due process procedures,

36–43

Non-acquiescence in circuit court

decisions, 54–56

Overview, 21–23

Paper hearings, 30

Procedural discretion, limits on, 29–

30

Procedural errors, judicial review,

43–44

Procedural safeguards, informal

adjudication, 30–31

On the record requirement, 23–

24

Record rule, 51

Res judicata, 54

Statutory entitlements as property

interest, 34–35, 43

Stigma plus test, deprivation of

liberty interest, 35

Substantial evidence standard,

judicial review, 45–46

ADMINISTRATIVE LAW

JUDGES

Generally, 24–26

Consistency in decisionmaking, 56–

60

Federal district judges compared, 26

ADMINISTRATIVE PROCEDURE

ACT

Generally, 3, 4

Adjudication

Formal adjudication, 23

Procedural requirements, 22–

23

Delay, remedies for, 105–108

Presumption of reviewability, 109

Standing, 133–152