Abstract
The federal government engages in massive amounts of informal adjudication - 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. This 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.
Recommended Citation
Michael Asimow,
The Last Frontier: Fair Procedure in Informal Administrative Adjudication,
14
Mich. J. Env't. & Admin. L.
1
(2024).
Available at:
https://repository.law.umich.edu/mjeal/vol14/iss1/2
Included in
Administrative Law Commons, Courts Commons, Environmental Law Commons, Jurisdiction Commons
