Section 10
- Citation
- Section 10
- Parent Document
- Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
- Jurisdiction
- United States (federal)
- Effective Date
- 1994-09-12
Other Sections in This Document (35)
- Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
- Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
- Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
- Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
- Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
- Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
- Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
- Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
- Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
- Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
- Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
- Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
- Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
- Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
- Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
- Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
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Full Text
1,021 charsWe 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.