Agency Head Enforcement and Adjudication Functions

This project studies the roles and responsibilities of agency heads in agencies that perform both enforcement and adjudicatory functions. Though the APA bars investigatory or prosecutorial officials from later serving as or advising an adjudicator in the same case, it explicitly exempts agency heads. This project will study the legal questions and practical benefits and risks associated with agency heads’ involvement in decisions to investigate and charge enforcement targets at five independent regulatory agencies at which agency heads also serve as final adjudicatory decision makers.