Administrative Law
Chapter 8 -
Part 3
ADVANCED STUDIES
Outline and/or List
1. List the people at a hearing. (pages 251-253)
Parties, witnesses, hearing officers, attorneys, paralegals
2. Outline the pre-hearing conferences (page 269)
Discuss stipulations, witness lists, evidence, exhibits, if no settlement-plans
for hearing
3. Outline three possible standards of proof. (page 274)
Preponderance of evidence, clear and convincing evidence, beyond reasonable doubt
4. Outline the forms of decisions an ALJ makes. (page 275)
Initial – upheld by agency
Recommended decision of law and policy – given to agency head to decide
1. initial decisions
a. final, if not contested
b. if appealed – to head officer
2. recommended decision
a. given to agency head to decide
b. reviewed by agency
Analyzing Documents
1. State the facts in Gonzalez. (page 276-277)
Gonzalez Corporation received notice by telephone that it could not do business with Commodity Credit because of misuse of official inspection
certificate. In January, 1960, it was a temporary suspension. In May, 1962,
the suspension was changed to five years.
2. In Document 3, what was offensive in ALJ’s behavior? (page 290-292)
Administrative law judge was impatient, irritated, expedient, indifferent, and condescending.
3. In Gonzalez, compare the issue of debarment with justiciability. (pages 276-277)
Although there is no right to government contracts, losing already held
contracts imposes economic injury and possible further disqualification.
(justiciability)
Gonzalez debarment is invalid because of a lack of procedural requirements.
The abuse of discretion was arbitrary and capricious.
4. In Document 1, explain preponderance of evidence versus true doubt. (pages 286-288)
True doubt – both sides present evidence that is equally balanced
Preponderance – burden of proof and burden of persuasion