Alex Manuel Comment

So-called "informal" adjudication is oftentimes more formal than hearings conducted under the APA, in that they are fully adversarial, held "on-the-record," and are guided by, if not strictly governed by the FRCP and the FRE.  The distinction between APA hearings and non-APA hearings is lost on the public, and should not mean that there is an actual difference between the two in terms of judicial independence.  A good way to ensure public confidence in the process is to bring informal adjudication under the umbrella of the APA, or to create a true, federal central panel outside of OPM similar to the states' central panel model.