Chapter 7.informal proceedings


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informal proceedings

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Chapter 7.informal proceedings

  1. 1. Majority of agency decisions are informal proceedings and they depend on discretionary agency decisions Initiated by client by filing a claim for a governmental service or benefit. Types License applications Claims of benefits Employer/employee arbitration
  2. 2. An authorization or permission granted by an administrative agency to engage in an activity that would be illegal without such permission Standards for issuing licenses are published in agency rules and regulations Procedures within the rules and regulations may grant the license through an application process The licensee may either lose or temporarily surrender if violate agency rules and regulations
  3. 3. A complaint, petition, or request for assistance from an administrative agency. Basis is within the 4th Amendment’s right to life, liberty, and property Usually done to have rights restored or that some relief be supplied. In Bd of Regents v. Roth (1972), court defined benefits as “property.” Claim for benefits became protected entitlements under the concept of property.
  4. 4. Negotiation is the bargaining and consequent resolution of differences between disputing sides in order to arrive at a satisfactory mutual agreement or compromise. Arbitration is the submission of the dispute to a 3rd party – an arbitrator – with both parties agreeing to follow the arbitrators decision Subject to judicial review if there are procedural problems such a arbitrator misconduct or criminal misdeeds Therefore, laws should “promote consistency… and… avoid forum shopping.”
  5. 5. Mediation is the assistance of a 3rd party in reconciling the disputants so that they can voluntarily make their decision in reaching an agreement. Mediator is neutral and cannot impose a resolution on the disputing parties. Holds confidential information by conducting meetings with each disputant to gain insight into sensitive areas Proposes realistic options for agreement to both sides
  6. 6. Agreements that resolve disputes that occur during and after hearing actions Offers do not have to be accepted, just considered If accepted, the settlement is the same as a final agreement or decision Standards are based on agency rules and regulations Can be considered a cost saving mechanism – less expensive and less time consuming than appeals to the court system.
  7. 7. Clarifications of a rule or procedure that implements an administrative agency’s policy Usually issued as Public pronouncements – ensure the public properly follows the agency rules and regulations Private advisory opinions – directed to a specific business and usually stipulate that if a particular situation occurs, the proper compliance would be whatever relates to the business or person
  8. 8. Writers Guild brought action to challenge the adoption of a so-called “family viewing” policy that was adopted pursuant to a congressional request that action be taken “to protect children from excessive violence and obscenity” on television Court decided the issue of whether a ‘family viewing hour’ imposed by the FCC violated the 1st Amendment Court reversed and remanded the lower court’s decision stating that although the informal procedures used may raise eyebrows, “the district court should not have thrust itself so hastily into the delicately balanced system of broadcast regulation.”
  9. 9. Suit by licensed optometrists seeking injunction under the Civil Rights Act to stop hearings before the Alabama Board of Optometry on charges of unprofessional conduct within meaning of Alabama optometry statute because of their employment with a corporation. Court held that “those with substantial pecuniary interest in legal proceedings should not adjudicate these disputes.”