<P> The adjudication will typically be completed with a written report containing findings of fact and conclusions of law, both at the state and federal level . If the affected does not wish to contest the action, a consent order may be published allowing for the hearing to be bypassed . </P> <P> Agency actions are divided into two broad categories discussed above, rulemaking and adjudication . For agency decisions that have broad impact on a number of parties, including parties not specifically before the agency, the agency must use the procedures of rulemaking (see the bullet list in "Administrative law statutes governing rulemaking" above). Because actions by rulemaking affect many parties, rulemaking procedures are designed to ensure public participation, and are therefore more cumbersome, except that the agency is permitted to seek comment by publication of notice, without soliciting the views of specific parties . For decisions that, on first glance, affect only a small number of parties that actually appear before the agency (see the section on "Adjudication" above), the agency may use procedures that are generally simpler, but that require the agency specifically solicit input from the directly affected parties . </P> <P> Adjudication decisions may become precedent that binds future parties, so the transition zone between the regime for rulemaking and the regime for adjudication is very hazy . </P> <P> The classical test for the dividing line is seen in the contrast between two cases decided a few years apart, both involving taxes levied by the city of Denver Colorado . In 1908, in Londoner v. City and County of Denver, a tax levied on residents of a particular street was held to be an adjudication, and the Supreme Court ordered the city to do a "do over," because the residents of the street were not given sufficient opportunity to be heard . Then, in 1915, in Bi-Metallic Investment Co. v. State Board of Equalization, a tax levied on the entire city of Denver was held to be rulemaking, and the city's action of imposing the tax was affirmed . </P>

What must congress do first to establish an administrative agency