Should Agency Adjudication Be Ended?

Document Type

Presentation

Publication Date

10-27-2023

Conference / Event Title

Should Agency Adjudication Be Ended? Workshop

Conference / Event Location

Arlington

Sponsorship

Pacific Legal Foundation

Hosting Organization

Pacific Legal Foundation

Abstract

Today, both federal and state agencies with the power to issue substantive regulations, investigate potential violations, and institute enforcement actions often also have the power to adjudicate disputes between private parties and the government (and even in some cases between private parties). The hearing officers who decide these disputes are often themselves agency employees. Many are picked based on their scores on a general civil service exam, rather than on agency-specific expertise. Agencies thus act as lawmaker, prosecutor, judge, jury, and appellate judges.

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