PADP 6490 Chapter 5: Administrative Law Book Notes 5, Part I

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PADP 6490 Administrative Law
Martinez, Fall 2019
Require Reading 5, Part I!
Rosenbloom, D.H., and Piotrowski, S.J. 2005. “Reinventing Public Administration While ‘De- Inventing’
Administrative Law: Is It Time for an ‘APA for Regulating Outsourced Government Work?”
Syracuse Journal of International Law and Commerce 33(1): 175-189.
Rosenbloom, Chp. 4, Evidentiary Adjudication and Enforcement
Adjudicating Cinderella: A Case of Deceit, Abuse, and Due Process
Federal Trade Commission (FTC) has legal authority to decide cases against firms it believes
are engaging in unfair and deceptive business practices
FTC v. Cinderella Career College & Finishing School, Inc. (CCC)
-FTC charged CCC with false advertising and deception, applying high pressure and
misleading sales tactics
-FTC prosecuted CCC at an internal hearing presided by an independent hearing examiner
-initial decision absolved CCC of all charges . . . FTC failed to prove by a preponderance
of reliable, probative, and substantial evidence off CCC wrong-doings
-FTC appealed to full commission (5 FTC commissioners with power to substitute own
decision for that of examiner) who ordered CCC to cease illegal practices
-CCC went to court on grounds that FTC violated constitutional due process by (1)
making its decision without reference to record produced by hearing & (2) allowing
biased party decide in appeal
-the Court agreed
Evidentiary Administrative Adjudication
hearing in which evidence is adduced & law applied in determining rights & obligations of
parties (product of hearing is an order)
controlled by procedural due process & administrative law provisions
objectives
(1) to achieve fundamental fairness
-measured by how parties to adjudication believe they were treated
(2) to adjudicate cases competently
-measured by extent to which hearing examiners & agencies’ decisions are upheld
(3) to resolve conflicts efficiently
-measured by timeliness
(4) to accomplish all foregoing, while enhancing organizational performance
-involves impact of adjudication on resources, coherent decision making, &
personnel systems
Evidentiary Administrative Adjudication (EAA) v. Formal Rule Making (FRM)
(1) Factual Focus
-EAA focus on adjudicative facts with individual applicability (individual
motive, intent, behavior)
-FRM focus on legislative facts with general applicability (general policy
concerns)
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