Adjudication

An evidentiary adjudication is a proceeding—typically a hearing of some kind—in which evidence is adduced and law applied in determining the rights and obligations of individuals, corporations, and other entities. Evidentiary adjudication is used in a very wide variety of administrative decision making, including:

Determining individuals’ eligibility for benefits. Resolving charges of unfair or illegal economic, personnel, and labor relations practices. Granting or denying licenses. Challenging the award of a government contract. Enforcing laws and agency regulations to protect the public, the environment, businesses, and other entities against harmful practices, threats, and dangers. The product of an evidentiary hearing is an order.

The structure and process of agency evidentiary adjudication is broadly controlled by procedural due process under the US Constitution’s Fifth and Fourteenth amendments, as well as by administrative law provisions. Unlike notice and comment rulemaking, where the model seeks to replicate an idealized version of how legislatures in the United States make law, administrative evidentiary adjudication is not intended to match courtroom procedure.

Evidentiary adjudication also differs from formal rulemaking in that it is retrospective rather than prospective. It deals with past and/or continuing conduct.