Bibliography: Michael Asimow, Contested Issues in Contested Cases: Adjudication Under the Model State Administrative Procedure Act of 2010, Stanford Public Law and Legal Theory Working Paper Series; 20 Widener Law Journal 707 (2011).
The adoption by the National Conference of Commissioners on Uniform State Laws of the Model State Administrative Procedure Act of 2010 is a landmark event in the evolution of state administrative law. This paper discusses the background of the 2010 Act and praises several features of its adjudication provisions, particularly its solution to the “gateway” problem of defining which state agency adjudications fall under the Act. However, it criticizes a provision of the Act which would prevent agency heads from consulting staff members in difficult and complex cases involving the public interest. This provision is confusingly drafted and radically departs from existing practice. It may well jeopardize adoption of the Act in many states.