Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

The Administrative Procedure Act (APA), 5 U.S.C. § 551 et seq., is also part of the relevant legal landscape. Most pertinent here are those sections that combine to describe the procedures for formal administrative adjudications. See id. §§ 554, 556, 557. These procedures apply 'in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing.' Id. § 554(a). The APA does not directly address whether these procedures apply when a statute simply calls for an 'opportunity for public hearing' without any specific indication that the hearing should be 'on the record.'

 

In Seacoast, the court interpreted 'public hearing' (as used in sections 402(a) and 316(a) of the CWA(Clean Water Act)) to mean 'evidentiary hearing'-in other words, a hearing that comports with the APA's requirements for a formal adjudication. 572 F.2d at 878. Examining the legislative history of the APA, the court adopted a presumption that 'unless a statute otherwise specifies, an adjudicatory hearing subject to judicial review must be [an evidentiary hearing] on the record.' Id. at 877. Applying that presumption to the CWA, the court concluded that 'the statute certainly does not indicate that ...

Register or login to access full content



Professors
Professionals
Students