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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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