Majority of agency decisions are informal proceedings and they depend on discretionary agency decisions

Initiated by client by filing a claim for a governmental service or benefit.

TypesLicense applicationsClaims of benefitsEmployer/employee arbitration

An authorization or permission granted by an administrative agency to engage in an activity that would be illegal without such permissionStandards for issuing licenses are published in

agency rules and regulationsProcedures within the rules and regulations

may grant the license through an application process

The licensee may either lose or temporarily surrender if violate agency rules and regulations

A complaint, petition, or request for assistance from an administrative agency.Basis is within the 4th Amendment’s right to

life, liberty, and propertyUsually done to have rights restored or that

some relief be supplied.In Bd of Regents v. Roth (1972), court defined

benefits as “property.” Claim for benefits became protected entitlements under the concept of property.

Negotiation is the bargaining and consequent resolution of differences between disputing sides in order to arrive at a satisfactory mutual agreement or compromise.

Arbitration is the submission of the dispute to a 3rd party – an arbitrator – with both parties agreeing to follow the arbitrators decisionSubject to judicial review if there are

procedural problems such a arbitrator misconduct or criminal misdeeds

Therefore, laws should “promote consistency… and…avoid forum shopping.”

Mediation is the assistance of a 3rd party in reconciling the disputants so that they can voluntarily make their decision in reaching an agreement.

Mediator is neutral and cannot impose a resolution on the disputing parties.Holds confidential information by conducting

meetings with each disputant to gain insight into sensitive areas

Proposes realistic options for agreement to both sides

Agreements that resolve disputes that occur during and after hearing actions

Offers do not have to be accepted, just considered

If accepted, the settlement is the same as a final agreement or decision

Standards are based on agency rules and regulations

Can be considered a cost saving mechanism – less expensive and less time consuming than appeals to the court system.

Clarifications of a rule or procedure that implements an administrative agency’s policy

Usually issued asPublic pronouncements – ensure the public

properly follows the agency rules and regulations

Private advisory opinions – directed to a specific business and usually stipulate that if a particular situation occurs, the proper compliance would be whatever relates to the business or person

Writers Guild brought action to challenge the adoption of a so-called “family viewing” policy that was adopted pursuant to a congressional request that action be taken “to protect children from excessive violence and obscenity” on television

Court decided the issue of whether a ‘family viewing hour’ imposed by the FCC violated the 1st Amendment

Court reversed and remanded the lower court’s decision stating that although the informal procedures used may raise eyebrows, “the district court should not have thrust itself so hastily into the delicately balanced system of broadcast regulation.”

Suit by licensed optometrists seeking injunction under the Civil Rights Act to stop hearings before the Alabama Board of Optometry on charges of unprofessional conduct within meaning of Alabama optometry statute because of their employment with a corporation.

Court held that “those with substantial pecuniary interest in legal proceedings should not adjudicate these disputes.”