Some adjudication is informal: an employee reviews documents, gives the person a chance to supply missing information, and issues a reasoned decision. In formal proceedings required to be heard on the record, an administrative law judge may manage evidence, hear witnesses, and issue an initial or recommended decision. Agency leaders may retain review authority under the statute. An administrative law judge is an agency adjudicator, not an Article III federal judge with life tenure.

Procedure depends on the interest and risk of error. When government may deprive a person of a protected interest, due process generally requires notice and a meaningful opportunity to respond. That does not make every case a courtroom trial. A paper process can be fair when the facts are simple, while credibility disputes or severe sanctions may require a hearing with stronger safeguards.

The Constitution can also affect the forum. In SEC v. Jarkesy (2024), the Supreme Court required a jury when the SEC sought civil penalties for securities fraud analogous to a common-law claim. The decision did not abolish agency adjudication. A beginner should identify the substance of the claim and remedy rather than assume every civil penalty or agency hearing follows one rule.

Worked scenario. An environmental agency inspects one facility, alleges that samples show a violation, and offers a hearing at which the company can challenge the evidence. Inspection and charging are enforcement. The contested hearing and agency decision are adjudication. A later court reviews the final action and record under the applicable law rather than retrying every witness.

Rulemaking and adjudication can interact. A general emissions limit is created through rulemaking; deciding whether one facility violated that limit is adjudication. Enforcement investigates and presents the charge, while adjudication supplies the authorized decision process. Separating those stages identifies the actor, evidence, and remedy in a test scenario.

Video lesson: Bureaucracy Basics: Crash Course Government and Politics #15