What are some concerns that are raised by the powers given to administrative agencies? Are due process rights protected in administrative law cases?

Question

What will be an ideal response?

Answer 1

An agency may investigate, enforce, regulate and adjudicate matters within its authority, and the concern is that there is insufficient restriction on those powers. However, various statutes regulate agency authority, including the Administrative Procedure Act.

The APA does not directly address informal adjudications, and the requirements are dictated by due process of law under the Fifth and Fourteenth Amendments. Due process is that which is reasonable, practical and fair under the circumstances of the particular case. Notice of the hearing must clearly state the basis of the complaint and provide adequate time to prepare. Discovery is available to a party who has the ability to review the agency’s case prior to trial, to subpoena relevant information, to deposition and to the names of witnesses to be used by the opposing side. A party must be given the opportunity to be heard through the right to appear, present evidence, submit arguments and have witnesses testify. The process must provide the ability to subpoena witnesses to testify or provide documents for evidence, and the right to be represented by counsel or a non-lawyer if permitted by agency rules, or to appear pro se. A party has the right to speedy and public hearing before an impartial hearing officer at which he may be present, confront and cross-examine the witnesses of the opposing side. A timely, written decision based upon the relevant evidence presented and stating the reason for the decision must be submitted. The procedure must provide an appeal process to a higher tribunal.