Joseph D. and Wanda S. Lunsford - Page 20




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          language in section 6330 that can only refer to an oral hearing,            
          we cannot introduce a generally applicable in-person or                     
          telephonic (i.e., oral) interview requirement into the                      
          proceedings that respondent has established for section 6330                
          hearings and that respondent has established permissible                    
          procedures that were followed in this case.                                 
                    2.  Adjudications                                                 
               The APA governs certain aspects of both rule making and                
          adjudications by Federal agencies.  See, e.g., APA secs. 553                
          (rule making) and 554 (adjudications).4  APA section 551(7)                 
          defines “adjudication” as “agency process for the formulation of            
          an order”.  In pertinent part, APA section 551(6) defines “order”           
          as “the whole or a part of a final disposition, whether                     
          affirmative, negative, injunctive, or declaratory in form, of an            
          agency in a matter other than a rule making”.  Although many                
          categories of agency actions could fit within the APA definitions           
          of either “adjudication” or “rule making” (APA sec. 551(5)), the            
          determination contemplated in section 6330(c)(3), and which we              
          review pursuant to section 6330(d)(1) is, within the meaning of             
          the APA, an “adjudication”.                                                 



               4  For an authoritative discussion of both rule making and             
          adjudications under the APA, see 1 Davis & Pierce, Administrative           
          Law Treatise, chs. 7 and 8 (3d ed. 1994); see also 2 Davis &                
          Pierce, supra ch. 9, with respect to the constitutional                     
          requirement of due process.                                                 





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