Administrative Justice in Public Welfare Bureaucracies

Columbia University, New York NY

Investigators

Abstract

This project examines a significant and understudied form of civil justice, administrative "fair" hearings, which are used by every major public welfare program to resolve disputes over the provision of aid. When government bureaucracies make mistakes, move too slowly, or otherwise fail to fulfill their mandate, hearings are often the only option for aggrieved citizens. They help insure that government officials are applying the law consistently, fairly and equitably, and as intended by policy makers. This project focuses on the routine activities of a fair hearing unit located in a large city in the United States, and which hears appeals on the denial of Temporary Assistance to Needy Families (TANF), Medicaid and other health insurance and public assistance programs. Using field observations, in-depth interviews with administrative law judges and recipients, and an analysis of official written policies and procedures, this project seeks to understand how these sites for civil justice operate both within the context of the larger welfare bureaucracy, and as quasi judicial proceedings designed to resolve disputes between government and individual citizens. The project examines the dynamics that shape the litigants' participation, including the crucial role of the administrative law judge, and how notions of procedural justice are implemented in the hearing room. It also explores the link between bureaucratic behavior and administrative justice. Hearings are a fixed feature of government and their efficacy and usefulness to citizens is an important aspect of governance. A well-run and well-used hearing system instills trust and confidence in both what government does and how it does it. Hearings also provide a forum for citizens who think they were wronged to air their dispute, even where no mistake was made. The study's findings will help policymakers and administrators better design and implement administrative hearings, especially those utilized by marginalized and vulnerable populations.