Class_Presentation_17 - Class 17 Formal adjudication How...

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Unformatted text preview: Class 17 Formal adjudication How transferred Under §554 “on the record after opportunity for agency hearing” “public hearing” enough? Seacoast v. Castle Can constitution supply requirement? Wong Yang Sung (yes?) What of Chevron – shouldn’t agency choose Formal Rulemaking Formal 556(d) evidence can be submitted in written form 556(d) NB in both cases, substantial evidence rule applies on review to a fixed record to Informal Rulemaking – 553(c) Notice, Comment, Reasons No record No subst. evidence review under APA (N.B. org. statute may require) NPRA v. FTC (D.C. 1973) NPRA subst. r.m. power under §6(g) subst. Why is this important? Why ...
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