The 1961 Revised Model State Administrative Procedure Act prescribes a single type of adjudicative hearing involving the presentation of evidence, cross-examination and rebuttal in a manner similar to nonjury trials. The decision is exclusively based upon the evidence of record. The 1981 Model State Administrative Procedure Act states that a formal hearing is required in all adjudicative proceedings, unless otherwise provided by statute, agency rule, emergency provisions of the Model Act, or under Section 2-103 of the Model Act, pertaining to declaratory proceedings. Moreover, it establishes three procedural models for adjudication; the “formal adjudicative hearing,” developed from the 1961 Act, and two types of informal hearings such as:
- the “conference adjudicative hearing;” and
- the “summary adjudicative proceeding.”
The procedural requirements of the Model State Administrative Acts apply only to adjudications or proceedings in which a constitutional provision, statute, municipal charter, or ordinance requires a hearing to determine the legal rights, duties, or privileges of specific parties.