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agency adjudication

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  • jm367@bellsouth.net
    FEDERAL MARITIME COMMISSION v. SOUTH CAROLINA STATE PORTS AUTHORITY et al., certiorari to the united states court of appeals for the fourth circuit. No. 01-46.
    Message 1 of 1 , Apr 22, 2005
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      FEDERAL MARITIME COMMISSION v. SOUTH CAROLINA STATE PORTS AUTHORITY et al., certiorari to the united states court of appeals for the fourth circuit. No. 01-46. Argued February 25, 2002--Decided May 28, 2002:

      “Beyond the similarities between the role of an ALJ and that of a trial judge, this Court also noted the numerous common features shared by administrative adjudications and judicial proceedings:

      "[F]ederal administrative law requires that agency adjudication contain many of the same safeguards as are available in the judicial process. The proceedings are adversary in nature. They are conducted before a trier of fact insulated from political influence. A party is entitled to present his case by oral or documentary evidence, and the transcript of testimony and exhibits together with the pleadings constitutes the exclusive record for decision. The parties are entitled to know the findings and conclusions on all of the issues of fact, law, or discretion presented on the record." Ibid. (citations omitted).”
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      How can agencies be investigatory or inquisitorial and have adversarial proceedings  ?  How can creatures of the political departments have triers of fact insulated from political influence ?  How and where can a party obtain fulfilment of the entitlement to know the findings and conclusions on all of the issues of fact, law, or discretion presented on the record ?
       
      These are very large claims for agency adjudication. 

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