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By Josling, Tim; Orden, David; Roberts, Donna H

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Due process and the APA specify that agencies, when engaged in adjudication, must provide a person notice of the case against him or her, and a meaningful opportunity to present their case. 34 While court challenges of agency adjudications are not uncommon, it should be noted that those challenges are usually based on procedural, rather than substantive grounds. 35 Procedural challenges are much more likely to be successful, and also provide greater advan­ tage for negotiated settlements or delays in the implementa­ tion of the agency’s decision.

S. laws can be divided into four parts: • • • • These four types of laws are described below in reference to the federal law. However, a similar system of laws occurs within the various states. “Codification” is the arrangement of the laws (statutes or regulations) into an organized code. The volumes of the Code of Federal Regulations are organized by subject matter. 15 14 The FDA Food Safety Modernization Act, Pub. L. 111-353 (2011). S. S. S. legal system. The Constitution both empowers and limits government.

S. Code citation. S. action? collectionCode=USCODE Of course, Westlaw and Lexis-Nexis provide access to the most up-to-date text of the FD&C Act. EDITING DISCUSSION QUESTIONS I have edited most of the footnotes and citations from the court cases. Remaining footnotes are renumbered with my own footnotes. Unless otherwise indicated, any footnotes within the cases are those of the court. In addition, materials may be edited for typographic style without notation in the text. The discussion questions within the chapters are designed to encourage thought on the material presented or for class discussion.

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