3/25/19
► Exceeds Authority of Agency ► Improper Interpretation of Law ► Unfair or Abusive Processes ► Arbitrary and Capricious
Appeals: Standard of Review
THE TERM “INDEPENDENT” REALLY MEANS SOMETHING WHEN IT COMES TO ADJUDICATIONS
EFFORTS BY THIRD PARTIES TO INFLUENCE THE DECISIONS OF HEARING OFFICERS ARE IMPROPER – THERE SHOULD BE NO EX PARTE CONTACTS WITH ADJUDICATORS ONCE A NOTICE OF HEARING IS ISSUED, EVEN AGENCY STAFF SHOULD REFRAIN FROM DISCUSSING DISPUTED FACTS WITH THE ADJUDICATOR AND SHOULD NOT OPINE AS TO THE APPROPRIATE OUTCOME
Miscellaneous
HEARINGS SHOULD BE OPEN – THIS DOESN’T MEAN AN INVITATION NEED ISSUE, BUT IT DOES MEAN THAT THE PUBLIC SHOULD NOT BE EXCLUDED IF THEY SHOW UP
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