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. The project will study the legal and practical benefits and risks associated with agency heads’ involvement in various enforcement and adjudicatory activities. It will also consider whether, in at least some cases, agencies should put in place mechanisms to segregate certain aspects of the agency heads’ adjudicatory and investigatory/prosecutorial functions and, if so, what those mechanisms should be.