ABSTRACT
When an agency is required by statute to hold a full hearing under specified conditions, the Administrative Procedure Act (APA) outlines how the hearing should be conducted. Section 554 of the APA, "Adjudications," sets forth steps and features to be included in formal ordermaking. Hearings should be conducted in such a way that due process is served. The agency hearing process is usually less formal than typical court trials. Despite the importance of providing due process in agency adjudications, it probably would be unwise to formalize the agency hearing process too much. In many respects, the argument that agency adjudicative procedures should become more formalized or more trial-like makes only limited sense. Personal bias for or against a person by an Administrative Law Judges or hearing examiner also normally constitutes grounds for disqualification of the adjudicator. An old doctrine known as the appearance-of-fairness doctrine is rooted in common law.
