期刊名称：Journal of the National Association of Administrative Law Judiciary
印刷版ISSN：0735-0821
出版年度：2018
卷号：38
期号：2
页码：101-135
出版社：Pepperdine University
摘要：Although the enactment of the Administrative Procedure Act (APA) was intended to establish a uniform set of procedures applicable to adjudications "required by statute to be determined on the record after opportunity for an agency hearing," agencies have long sought to avoid those procedures, and, in particular, Administrative Law Judges, by substituting informal, non-APA adjudications. Over time, the courts have accelerated this substitution through a misapplication of three Supreme Court opinions. This article describes the original understanding of the APA and how that original understanding has been eroded over the years. The article then asks whether this is a problem that needs fixing or is a pragmatic adaptation of the original understanding. Concluding that it is a problem, the article identifies different ways the problem might be addressed.
关键词：Administrative Procedure Act; APA; Administrative Law Judges; agency hearing; adjudication; procedures; Wong Yang Sung v. McGrath; Chevron; USA; Inc. v. Natural Resources Defense Council; Inc.; Mathews v. Eldridge; United States Supreme Court; United States v. Allegheny-Ludlum Steel Corp.; United States v. Florida East Coast Railway Co.; Congress; Administrative Conference of the United States
