Adjudicatory Powers

1. Involve specific parties describes powers and functions which involve the
decision or determination by administrative agencies of the rights, duties, and
obligations of specific individuals and persons
2. Involve judicial function exercised by a person other than a judge quasi-judicial
and adjudicatory are synonymous or correlative, but not all determinations are
judicial.
Distinguished from Judicial Power JP is the power to hear, try and determine all sorts of
cases at law and equity which are brought before the courts. Power and authority to make
a final rather than an initial determination of what the law is and adjudicate the respective
rights or liabilities of the parties
1. Where function primarily administrative when the function is purely
administrative and the power to hear and determine controversies is an incident to
the administrative duty (administrative adjudicatory power).
2. Where function primarily to decide question of legal rights if such decision is
the primary object and not incidental to the administrative regulation, such is
judicial.
*ELEMENT OF JUDICIAL ACTION freedom of action or interdependence, and
the absence of control or coercive influence.
Extent of Judicial Powers
1. Jurisdiction limited
2. Extent of powers depends largely on enabling act.
3. Split jurisdiction not favored
4. Grant of particular power must be found in the law itself.
5. General policy to uphold exercise.
DISTINGUISHED FROM INVESTIGATIVE POWER
1. Investigate to discover, find out, to obtain information
2. Adjudicate to adjudge, arbitrate, settle, judge, decide, determine, resolve, rule
on; To settle in the exercise of judicial authority.
DISTINGUISHED FROM LEGISLATIVE POWER
1. Element of FUTURITY and RETROSPECTION Judicial, quasi-judicial or
adjudicatory action investigates, declares, and enforces liabilities as they stand on
PRESENT OR PAST ACTS AND UNDER LAWS SUPPOSED TO EXIST;
legislation/quasi-legislation, LOOKS TO THE FUTURE AND CHANGES
EXISTING CONDITIONS by making a new rule to applied to all or some part of
those subject thereto.
2. GENERALITY AND PARTICULARITY adjudicatory applies to NAMED
PERSONS or to SPECIFIC SITUATIONS or NAMED PARTIES; rule making
apply to or affect classes of persons or situations or INDICATED BUT
UNNAMED PARTIES.

3. DUE PROCESS REQUIREMENT OF NOTICE AND HEARING For

adjudication, due process requirements of notice and hearing must be observed.
Prior notice and hearing are not essential to the validity of rules and regulations
promulgated to govern future conduct because there is no determination of past
events or facts that have to be established.
Nature of Particular Acts
1. Licensing, enabling, or approving Administrative or quasi-judicial
a. Discretionary refusal of a license not made after a hearing is not quasi
judicial; a hearing to obtain knowledge of the facts upon which the
determination to grant or deny a license is a quasi-judicial function.
b. IF a statue empowers an agency to revoke a license for non-compliance
with or violation of agency regulations, the administrative act is of a
judicial nature, because it depends upon the ascertainment of the existence
of certain past or present facts upon which a decision is to be made and
rights and liabilities determined.
2. Fixing rates and charges may either be a legislative or adjudicatory function.
a. If the rules are meant to apply to all enterprises of a given kind throughout
the country, it is legislative. Notice and hearing is not required except
when the legislature requires it
b. Where the rules and the rates imposed apply exclusively to a particular
party, BASED UPON A FINDING OF FACT, it is quasi-judicial.
c. The rates must be non-confiscatory and established in the manner
prescribed by the legislature.
*Requirement of Reasonableness comprehends such rates which must not be
so low as to be confiscatory, or too high as to be oppressive. Assumes that
rates are fair to both the public utility and the consumer.
d. An order prescribing rates for a temporary period could be unjust,
unreasonable or even confiscatory.
Miscellaneous Acts administrative on one hand, judicial in the other.
a. auditing accounts of a receiver of public money
b. determinations of the CSC in respect of classification and grading of positions in
the CSC
c. passing upon a petition to call an election
d. function of draft boards
e. investigation for the purpose of ascertaining the correctness of a tax return
f. the parole of prisoners, as long as the duration is not affected, and its revocation
g. the transfer of prisoners
h. making a preliminary finding of probable cause for the arrest of the accused
i. the initial determination of whether certain things constitute public measures
j. closing and taking charge of banks found to be insolvent or unsafe and assessment
of their stockholders
k. determination whether or not there had been a violation of the CBA
l. issuance of WARRANT OF DISTRAINT
m. deportation of an alien.

Classification of adjudicatory
1. Enabling powers grant and denial of permit or application
2. Directing powers corrective powers of public utility commissions, powers of
assessment under the revenue laws, reparations, awards under workmens
compensation
3. Dispensing authority to exempt or relax a general prohibition, or authority to
relieve from affirmative duty.
4. Summary powers power to apply compulsion or force against person or
property to effectuate a legal purpose without a judicial warrant to authorize such
action. Powers not implied.
5. Equitable power to determine the law under a particular state of facts has the
right to, and must consider, and make proper application of the rules of equity.