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Adjudicatory Procedure under State Statutes – Generally

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.

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