12/6/18
Appeals: Standard of Review
► Exceeds Authority of Agency ► Improper Interpretation of Law ► Unfair or Abusive Processes ► Arbitrary and Capricious
Miscellaneous
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
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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