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Initial Licenses

License applications are subject to the same statutory safeguards provided for adjudicatory proceedings under the Federal Administrative Procedure Act.  However, the Act contains some specific provisions regarding applications for initial licenses.  Accordingly, if the agency is satisfied that the party will not be prejudiced by the submission of written evidence, the agency may adopt procedures for the submission of all or part of the evidence in an initial license proceeding in written form.

At times, the agency may do away with the requirement of an initial decision by the presiding administrative law judge and in its place may issue a tentative decision.  Alternatively, the agency may eliminate a preliminary decision completely, if the record shows that timely execution of agency functions unavoidably makes such an action imperative.  “When the presiding employee makes an initial decision, that decision then becomes the decision of the agency without further proceedings unless there is an appeal to, or review on motion of, the agency within time provided by rule.”[i]

However, the due process rights of the applicant may not be waived if the license is a prerequisite for a certain type of employment.

[i] 5 USCS § 557

Inside Initial Licenses