Federal Statutory hearing right
-look to whether statute requires and whether required under APA or other rules
-No formal hearing required where rule not premised on anyone’s individual facts – legislative type decision)
-See United States v. Florida East Coast Railway – ICC set per diem charge for freight car use; terminal railways complain special burden on them
-See also Airline Pilot’s Assoc. v. Quesada (2d Cir. 1961): FAA regulation that no one over 60 can serve as a pilot upheld b/c general rule so didn’t need adjudicative hearing for each pilot
-general rule, not particular one so more legislative than adjudicative
-hypo: no hearing if everyone’s taxes go up 10% but hearing where special assessment tax for benefit from improvement (e.g., abutting sewer improvement)
-third party hearing rights
-comparative hearing – if deciding X’s case already deciding mine, so need hearing on X and me
-Ashbacker Radio Corp. v. FCC (1945)  – if interests mutually exclusively (you get license or I do to broadcast on frequency) then get hearing
-intervention – sometimes in statute (e.g., radio license renewal must be in public interest) (United Church of Christ v. FCC – district court held that petitioners could participate b/c FCC supposed to consider public interest)
-question of what happens when someone wants to exercise someone else’s right (e.g., O’Bannon – residents can’t get hearing on requalifying nursing home)