Administrative law judge: Difference between revisions
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An '''administrative law judge''' ('''ALJ''') in the [[United States]] is an official who presides at an administrative [[trial (law)|trial]]-type hearing. The ALJ is the initial trier of fact and decision maker. ALJ's can administer [[oath]]s, take [[testimony]], rule on questions of [[evidence (law)|evidence]], and make factual and legal determinations.{{ref|5USC556}} The proceeding involved with the ALJ may be similar to a [[summary judgment]]. |
An '''administrative law judge''' ('''ALJ''') in the [[United States]] is an official who presides at an administrative [[trial (law)|trial]]-type hearing. The ALJ is the initial trier of fact and decision maker. ALJ's can administer [[oath]]s, take [[testimony]], rule on questions of [[evidence (law)|evidence]], and make factual and legal determinations.{{ref|5USC556}} The proceeding involved with the ALJ may be similar to a [[summary judgment]]. |
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Procedure for reviewing an ALJ's decision varies depending on the administrative agency. Agencies generally have an internal appellate body. Moreover, after the internal agency appeals have been exhausted, a party may have the right to file an appeal in the |
Procedure for reviewing an ALJ's decision varies depending on the administrative agency. Agencies generally have an internal appellate body. Moreover, after the internal agency appeals have been exhausted, a party may have the right to file an appeal in the courts. |
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ALJ's are appointed under the [[Administrative Procedure Act]] (APA). The Act provides them protection from the agencies which appear as parties before them. Only, ALJ's receive these protections. Some agencies conduct hearings before individuals referred to as "hearing examiners," "hearing officers" or "trial examiners." These individuals may perform functions similar to those of ALJ's, but they are not protected by the APA. |
Federal ALJ's are appointed under the [[Administrative Procedure Act]] (APA). The Act provides them protection from the agencies which appear as parties before them. Only, ALJ's receive these protections. Some agencies conduct hearings before individuals referred to as "hearing examiners," "hearing officers" or "trial examiners." These individuals may perform functions similar to those of ALJ's, but they are not protected by the APA. |
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In American [[administrative law]], ALJs are Article I judges, and are not [[Article III judge|Article III judges]] under the [[U.S. Constitution]]. Unlike Article III judges, Article I judges are not confirmed by the [[United States Senate|Senate]], do not serve for life, and can be fired or subjected to a pay cut at any time. |
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The powers and prestige of ALJs vary widely from agency to agency. In some agencies, ALJs dress like [[lawyer]]s in [[Suit (clothing)|business suits]], share offices, and hold hearings in ordinary conference rooms. In other agencies, ALJs wear robes like Article III [[judge]]s, insist on being called "Honorable," work in private chambers, hold hearings in special "hearing rooms" that look like little [[courtroom]]s, and have court clerks who swear in witnesses. |
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# {{ref|5USC556}} [http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=1916351342+0+0+0&WAISaction=retrieve 5 U.S.C. § 556] |
# {{ref|5USC556}} [http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=1916351342+0+0+0&WAISaction=retrieve 5 U.S.C. § 556] |
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Revision as of 23:51, 29 April 2006
An administrative law judge (ALJ) in the United States is an official who presides at an administrative trial-type hearing. The ALJ is the initial trier of fact and decision maker. ALJ's can administer oaths, take testimony, rule on questions of evidence, and make factual and legal determinations.[1] The proceeding involved with the ALJ may be similar to a summary judgment.
Procedure for reviewing an ALJ's decision varies depending on the administrative agency. Agencies generally have an internal appellate body. Moreover, after the internal agency appeals have been exhausted, a party may have the right to file an appeal in the courts.
Federal ALJ's are appointed under the Administrative Procedure Act (APA). The Act provides them protection from the agencies which appear as parties before them. Only, ALJ's receive these protections. Some agencies conduct hearings before individuals referred to as "hearing examiners," "hearing officers" or "trial examiners." These individuals may perform functions similar to those of ALJ's, but they are not protected by the APA.
In American administrative law, ALJs are Article I judges, and are not Article III judges under the U.S. Constitution. Unlike Article III judges, Article I judges are not confirmed by the Senate, do not serve for life, and can be fired or subjected to a pay cut at any time.
The powers and prestige of ALJs vary widely from agency to agency. In some agencies, ALJs dress like lawyers in business suits, share offices, and hold hearings in ordinary conference rooms. In other agencies, ALJs wear robes like Article III judges, insist on being called "Honorable," work in private chambers, hold hearings in special "hearing rooms" that look like little courtrooms, and have court clerks who swear in witnesses.
Federal agencies and departments that have administrative law judge
- Coast Guard
- Commodity Futures Trading Commission
- Department of Agriculture
- Department of Health and Human Services/Department Appeals Board
- Department of Health and Human Services/Office of Medicare Hearings and Appeals
- Department of the Interior
- Department of Justice/Executive Office for Immigration Review
- Department of Labor
- Department of Transportation
- Drug Enforcement Administration
- Environmental Protection Agency
- Federal Communications Commission
- Federal Energy Regulatory Commission
- Federal Labor Relations Authority
- Federal Maritime Commission
- Federal Mine Safety and Health Review Commission
- Federal Trade Commission
- Food and Drug Administration
- Merit Systems Protection Board
- National Labor Relations Board
- National Transportation Safety Board
- Occupational Safety and Health Review Commission
- Office of Financial Institution Adjudication
- Postal Service
- Securities and Exchange Commission
- Small Business Administration
- Social Security Administration
States that have administrative law judges
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