Notre Dame Law Review
Much present-day administrative adjudication takes place in a procedural context which is significantly different from that of the traditional regulatory agency. 1 In agency proceedings ranging from administrative enforcement under the Occupational Safety and Health Act to the resolution of claims under the veterans benefits acts, adjudication is conducted by tribunals which are practically and often formally independent of the administering or enforcement authority. Appeals or review functions are performed either by other independent administrative bodies or the courts. In the classic regulatory agencies the opposite was the case. In those agencies, the agency head invariably held the power of final review, a power which was long deemed necessary as a means through which the agency head could control the direction of policy development.
Daniel J. Gifford, Adjudication in Independent Tribunals: The Role of an Alternative Agency Structure, 66 Notre Dame L. Rev. 965 (1991), available at https://scholarship.law.umn.edu/faculty_articles/332.
Originally published in the Notre Dame Law Review at 66 Notre Dame L. Rev. 965 (1991).