Under the Administrative Procedure Act (APA), can an individual who performs a prosecutorial function participate in the decision-making of the administrative agency?

Under the Administrative Procedure Act (APA), individuals who perform a prosecutorial function within an administrative agency are generally prohibited from participating in the decision-making processes of that agency. This principle is rooted in the need to maintain fairness and impartiality in administrative proceedings. When a person takes on a prosecutorial role, they are tasked with advocating for a particular outcome, which creates an inherent conflict of interest if they were to then also influence the decision-making process.

This separation is crucial to ensure that the decisions made by the agency are based on the evidence and legal standards, rather than on the bias of those whose role is to advocate for specific results. The APA aims to uphold these foundational principles of due process and fairness by establishing clear boundaries regarding the roles of prosecutorial and decision-making functions. Engaging in both roles could undermine the credibility and integrity of the administrative agency’s process, leading to potential legal challenges regarding the validity of its decisions.

In this context, while advisory roles may allow for certain interactions between advocates and decision-makers, participation in decision-making by those with prosecutorial responsibilities is not permitted to safeguard the objectivity of the administrative process.