In which the individual legal rights duties or privileges of specific parties

In which the individual legal rights duties or

This preview shows page 6 - 8 out of 97 pages.

In which the individual legal rights, duties or privileges of specific parties are required 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, or d. Where the agency by rule or order provides for hearings substantially of the character required by the (adjudication provisions of the Oregon APA) 6
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7. Doesn’t fall into one of these four; not applicants or licensees iii. 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 interest 1. 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 protect 2. Bad rule – everyone would contest denial to state universities iv. APA provides clear guidelines for hearings; don’t have to do Mathews test (DP claim) v. APA proceedings end up being more formal vi. In an informal proceeding , an agency is required only: 1. To give a person notice together w/ summary of the grounds for the decision 2. 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 action 3. If the person’s objections are overruled, a written explanation within 7 days VII. Limiting Issues to Which Hearing Rights Apply a. 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 issue i. Agency may rely on rulemaking authority to determine issues that do not require case-by- case-consideration ii. Regulations divide inquiry into two stages 1. Secretary must assess each claimant’s present job qualifications a. Factors congress found relevant: physical ability, age, education, work experience 2. Must consider whether jobs exist in the national economy that a person having the claimant’s qualification could perform iii. To improve uniformity/efficiency, sec. promulgated medical-vocational guidelines 1. Establishing through rulemaking the types and numbers of jobs that exist in the national economy based on four factors above iv. If work exists that the claimant can perform, given the qualifications and the available jobs, then not considered disabled v. Lower court’s requirement that additional evidence be introduced prevents sec. from putting the guidelines to their intended use; sec. reliance on medical-vocational guidelines is consistent with SSA vi. 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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