From a policy perspective, there’s reason to worry. I did some litigation before an administrative tribunal, and it’s not that different from in court litigation, with the exception of evidence admissability and objections. But it could be really quite different. Hearsay is in theory fine, there’s no requirement that you be able to present evidence in person, and the judge works for the agency that is suing you. It’s fair to say that defendants get less process from an ALJ than they would from a federal judge.
But not that much less….
‘Enforcement 40’ for 2020
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