ABSTRACT
Chapter 6 deals with adjudications or fair hearing procedures. What constitutes due process in agency hearings is presented and scrutinized, especially through the use of case law. Agency hearings are compared to court trials to provide insights into the role of agency hearings versus court trials. The point is made that agency hearings are not supposed to be as elaborate as court trials for practical reasons. Considerable attention is given to various forms of bias that tend to undermine fair hearings. The ways in which evidence is introduced and weighed in agency hearings, along with how decisions are reached, are also considered. Significant focus is on judicial review of agency hearings. In sum, this chapter deals comprehensively with hearing procedures and hearing rights; from a person’s right to present evidence in their defense, to their right to be represented by counsel, and appeal hearing decisions.
