What is the theory of administrative adjudication?
Administrative adjudication is a theory of law that governs the way administrative agencies make and enforce legal decisions. It is based on the principle that the law should be based on facts, not opinion. This means that the decision made by an administrative decision maker should be based on the facts of a case and not on their own personal beliefs. In Texas, the administrative adjudication system has been largely adopted by the state legislature. The Texas Administrative Code (TAC) is the codification of the laws governing administrative adjudication. It sets the procedures that must be followed in an administrative hearing and outlines the rights of parties in a dispute. The administrative adjudication process in Texas typically involves an administrative agency hearing officer, appointed by the agency, and a party or parties. The hearing officer is responsible for reviewing the evidence, hearing testimony, and making a decision. This decision is then reviewed by the agency for legal accuracy. If the agency disagrees with the decision, it can reverse the decision or ask the hearing officer to reconsider. In administrative adjudication, the hearing officer’s decision is binding, meaning that it cannot be overturned or appealed. In addition, the decision will become part of the public record and may be used to support future decisions. As a result, the decision in a case can have long-lasting effects.
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