Majority of agency decisions are informal and made through discretion. Claims for governmental benefits or services are initiated by clients through applications for licenses, claims, or employer arbitrations. Licenses are permissions granted by agencies and have standards in rules for issuance. Claims seek to restore rights or supply relief. Arbitration involves a third party decision while mediation aims to help disputing parties voluntarily agree. Settlements during hearings can resolve disputes without appeals. Advisory opinions clarify rules for the public or specific businesses. Courts give deference to agency procedures but ensure fair hearings without bias.

2. 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.
Types
License applications
Claims of benefits
Employer/employee arbitration

3. An authorization or permission granted by an
administrative agency to engage in an activity that
would be illegal without such permission
Standards for issuing licenses are published in agency
rules and regulations
Procedures 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

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

5. 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 decision
Subject to judicial review if there are procedural
problems such a arbitrator misconduct or criminal
misdeeds
Therefore, laws should “promote consistency… and…
avoid forum shopping.”

6. 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

7. 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.

8. Clarifications of a rule or procedure that implements
an administrative agency’s policy
Usually issued as
Public 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

9. 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.”

10. 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.”