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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 10

Citation
Section 10
Parent Document
Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
Effective Date
1994-09-12

Full Text

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We do not attach great significance to HUD’s observation that the manner in which it made its decision shares certain features with adjudications. HUD contends that to make the disputed determination, it merely had to compare the elements of due process set out in 24 C.F.R. § 966.53(c) with Washington’s eviction procedures. This “application of a rule of decision to a particular set of facts,” HUD argues, indicates that due process determinations are “adjudicative in nature.” HUD’s description of the process, however, is incomplete. Nothing in the statute requires HUD to make a due process determination in the first place. Before proceeding to make the determination, HUD had to decide whether to take any action at all. This decision plainly involved more than applying a rule of decision to particular facts. Therefore, even if HUD were correct that the process by which a decision is reached determines whether the decision is a rule or an order, we could not characterize its decision here as an adjudication.