This Note argues that section 558(c) should be interpreted to require an agency to provide a hearing prior to license suspension or revocation. Part I argues that all courts that have adjudicated whether section 558(c) requires a hearing have misconstrued the statute by failing to consider the general policies served by the APA. Part II examines section 558(c) in light of the major policies of the APA, uniformity and fairness in administrative procedure. It argues that these policies are best served by an interpretation that requires a hearing prior to suspension or revocation of any federal license. It does, however, recognize exceptions consistent with those policies. Finally, Part II argues that the policies of fairness and uniformity suggest that the procedural formalities necessary to comply with the hearing requirement vary with the circumstances of each case.
Joan P. Snyder,
Section 558( c ) of the Administrative Procedure Act: Provision for Informal Agency Hearings Prior to License Revocation or Suspension,
U. Mich. J. L. Reform
Available at: https://repository.law.umich.edu/mjlr/vol17/iss2/12