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In which the individual legal rights, duties or privileges of specific parties arerequired by statute or Constitution to be determined only after an agency hearing at which such specific parties are entitled to appear and be heard,b.Where agency has discretion to suspend or revoke a right/privilege of a person,c.For the suspension, revocation, or refusal to renew or issue a license where the licensee or applicant for a license demands such hearing, ord.Where the agency by rule or order provides for hearings substantially of the character required by the (adjudication provisions of the Oregon APA)6
7.Doesn’t fall into one of these four; not applicants or licenseesiii.Metsch v. University of Florida: hearing not required when law school applicant is denied admission-alleged no injury; sincere desire to study law didn’t equate to substantial interest1.Substantial interest if: he will suffer an injury which is of immediate sufficiency to entitle him to a hearing OR his substantial injury is of a type or nature which the proceeding is designed to protect2.Bad rule – everyone would contest denial to state universitiesiv.APA provides clear guidelines for hearings; don’t have to do Mathews test (DP claim)v.APA proceedings end up being more formalvi.In an informal proceeding, an agency is required only:1.To give a person notice together w/ summary of the grounds for the decision2.To give the person an opportunity at a convenient time and place to present a written or oral evidence to the agency in opposition to its action3.If the person’s objections are overruled, a written explanation within 7 daysVII.Limiting Issues to Which Hearing Rights Applya.Heckler v. Campbell: Sec of HHS may rely on published medical-vocational guidelines to determine claimant’s right to SS benefits instead of holding hearing on the issuei.Agency may rely on rulemaking authority to determine issues that do not require case-by-case-considerationii.Regulations divide inquiry into two stages1.Secretary must assess each claimant’s present job qualificationsa.Factors congress found relevant: physical ability, age, education, work experience2.Must consider whether jobs exist in the national economy that a person having the claimant’s qualification could performiii.To improve uniformity/efficiency, sec. promulgated medical-vocational guidelines1.Establishing through rulemaking the types and numbers of jobs that exist in the national economy based on four factors aboveiv.If work exists that the claimant can perform, given the qualifications and the available jobs, then not considered disabledv.Lower court’s requirement that additional evidence be introduced prevents sec. from puttingthe guidelines to their intended use; sec. reliance on medical-vocational guidelines is consistent with SSAvi.First inquiry is unique to each claimant, but second isn’t (about # of jobs nationally)vii.Principle that when an agency takes official or administrative notice of facts, a litigant must
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The Land, United States Supreme Court cases, Administrative Procedure Act