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Administrative Law Keyed to Aman
Grolier Inc. v. Federal Trade Commission
Citation:
615 F.2d 1215 (1980)Facts
Grolier was charged by the FTC with unfair methods of competition and deceptive practices in its sales activities. After two ALJs were unable to complete the case, it was assigned to Theodore P. von Brand. Four months before completing the hearings, von Brand disclosed that he had previously served as an attorney-advisor to FTC Commissioner MacIntyre from 1963 to 1971, during which time Grolier was investigated and charged by the FTC. Grolier requested von Brand’s disqualification and sought discovery of FTC records to determine the extent of his prior involvement with their case. The FTC denied both requests, concluding that attorney-advisors do not perform “investigative or prosecuting functions” within the meaning of APA § 554(d). After von Brand issued his decision, the FTC largely adopted it in its final order. Grolier appealed, arguing that von Brand’s participation violated the APA’s separation of functions requirement and due process.
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