Loading...
Please wait, while we are loading the content...
Similar Documents
A Private Practitioner's Point of View
| Content Provider | Semantic Scholar |
|---|---|
| Author | Kuchman, Carl |
| Copyright Year | 1956 |
| Abstract | The position of hearing officer is like a vortex in that it draws about itself controversial aspects of administrative government. Such is inherent in the function of the position. The California Administrative Procedure Act sought to allay controversy by providing for professional competence and official impartiality in hearing officers sitting in contested licensing matters.' Unfortunately, because of compromises imbedded in section 11502 of the Government Code, and their consequences in internal governmental operation, the act falls short of achieving this objective. Two principal controversies in administrative government are over construction of the statute administered by the agency and over the procedure to be followed by the agency. These might be loosely described as administrative interpretation versus judicial interpretation and administrative procedure versus judicial procedure. Administrative agencies cannot be courts; and administrators cannot be expected to behave like judges, or even juries. The hearing officer is legislated into the administrative process to help supply the amount of judicial detachment and lawyer-like competence which a majority of the legislators believed advisable in applying the Administrative Procedure Act. In intention the hearing officer is a trained and experienced lawyer.2 |
| Starting Page | 212 |
| Ending Page | 212 |
| Page Count | 1 |
| File Format | PDF HTM / HTML |
| DOI | 10.15779/Z38SF5Z |
| Volume Number | 44 |
| Alternate Webpage(s) | https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=3291&context=californialawreview&httpsredir=1&referer= |
| Alternate Webpage(s) | http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=3291&context=californialawreview |
| Alternate Webpage(s) | https://doi.org/10.15779/Z38SF5Z |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
