What is the difference between a formal adjudicatory proceeding and an informal one in NY agencies?

What is the difference between a formal adjudicatory proceeding and an informal one in NY agencies?

• A. Formal adjudicatory proceedings involve a public referendum.
• B. Formal adjudicatory proceedings rely on written submissions only; informal involve a full hearing.
• C. Informal proceedings involve an ALJ and cross-examination; formal rely on written submissions.
• D. Formal adjudicatory proceedings involve an ALJ, formal hearing, witnesses, and cross-examination; informal rely on written submissions and informal procedures.

Answer: (D)

The key idea is the level of formality and the evidentiary record created in the process. In a formal adjudicatory proceeding, an Administrative Law Judge presides over a proper hearing with live witnesses, the opportunity for cross-examination, and an on-the-record transcript and findings. The agency bases its decision on this formal evidentiary record, much like a court proceeding. In an informal proceeding, the process is looser: the agency mainly relies on written submissions, affidavits, and informal procedures, with little or no live hearing or cross-examination, and no formal on-the-record evidentiary process. That contrast is why the description that includes an ALJ, a formal hearing, witnesses, and cross-examination for the formal process, while informal procedures rely on written submissions, best captures the difference. The option mentioning a public referendum is not about agency adjudication, so it isn’t relevant.

The key idea is the level of formality and the evidentiary record created in the process. In a formal adjudicatory proceeding, an Administrative Law Judge presides over a proper hearing with live witnesses, the opportunity for cross-examination, and an on-the-record transcript and findings. The agency bases its decision on this formal evidentiary record, much like a court proceeding. In an informal proceeding, the process is looser: the agency mainly relies on written submissions, affidavits, and informal procedures, with little or no live hearing or cross-examination, and no formal on-the-record evidentiary process. That contrast is why the description that includes an ALJ, a formal hearing, witnesses, and cross-examination for the formal process, while informal procedures rely on written submissions, best captures the difference. The option mentioning a public referendum is not about agency adjudication, so it isn’t relevant.