A administration judge ( ALJ ) in the United States is a judge and a trier of facts both of which direct the trial and adjudicate the claim or dispute (in other words, the ALJ- controlled process is an experiment bench) involving administrative law.
ALJ can administer oaths, take testimony, rule on evidence questions, and make factual and legal determinations. And depending on the jurisdiction of the institution, litigation can have complex multi-party decisions, as is the case with the Federal Energy Commission, or simplified and less formal procedures, as is the case with the Social Security Administration.
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Appointment and federal termination
The 1946 Administrative Procedure Act (APA) requires that federal ALJ be appointed based on the scores achieved in comprehensive testing procedures, including a four-hour written examination and oral examination before a panel that includes representatives of the Office of Personnel Management, an American Representative of the Bar Association, and Federal ALJ seated. Federal ALJ is the only judicial corps based on achievement in the United States.
In American administrative law, the ALJ is a judge of Article I under the US Constitution. Thus, they do not exercise full judicial power, in essence, power over life, liberty, and property. However, Article 1 judges and courts are not limited to making opinions only for "cases or controversies" before them, and may provide purely prospective advice, such as for example , the reference case of the Congress assigned to the Claims Court Federal. The ALJ agency has no power to offer such advisory opinions, as this would violate the powers granted to them under the Administrative Procedure Act, 5 U.S.C. Ã,§557. Unlike agency, ALJ is not a policy maker or rule-maker.
The ALJ is generally regarded as part of the executive branch, not the judicial branch, but WHAT is designed to ensure the independence of the ALJ decision. They have an absolute immunity from responsibility for their judicial actions and are the pioneers of the fact "isolated from political influence". The federal administrative judge is not responsible for, or is subject to, the supervision or direction of any employee or agent of a federal agency involved in the performance of an investigative or prosecution function for the agency. Ex parte communication is prohibited. ALJ is exempt from performance appraisal, evaluation, and bonuses. 5 CFR 930,206. The agent's agent shall not interfere with their decision-making, and the administrative judges may be dismissed for good reason only based on a complaint filed by the agency with the Merit System Protection Board assigned and determined after the APA session on the record prior to the MSPB ALJ. Only ALJ receives this legal protection; "hearing officer" or "trial tester", with a delegated hearing function, is not equally protected by APA.
In Lucia v. SEC , decided in June 2018, the United States Supreme Court declares that ALJ is the Lower Office in the sense of the United States Constitution Constitution Clause.
Attorney Advisors
ALJ usually hires an Attorney-General's Counselor, who serves a role similar to a court clerk of Article III judges. For example, Counsel Advisors assist the ALJ with research, writing, composing opinions and orders, and assisting with the administration of other audiences and adjudication. In addition, the Legal Counsel has usually been practiced as a lawyer in a particular field owned by ALJ.
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Federal ALJ authority and review
The Supreme Court of the United States has acknowledged that the role of federal administrative judges is "proportionally functional" to the judges of Article III. The power of ALJs is often, if not in general, comparable to that of court judges: the ALJ may issue a subpoena, arrange the available evidence, administer the proceedings, and make or recommend a decision. ALJ is limited because they do not have the power to sanction unless the law gives such power. In contrast, the ALJ may refer the matter to the Court of Article III to seek enforcement or sanctions. The process of agency adjudication is currently structured in such a way as to ensure that the ALJ carries out independent judgments against the evidence before them, free from pressure by other parties or officials within the agency.
The procedures for reviewing ALJ decisions vary depending on the agency. The agency generally has an internal appeal body, with several agencies that have a cabinet secretary deciding on an internal final call. Additionally, once the internal agency request has expired, a party may have the right to appeal to a state or federal court. Relevant legislation usually requires the party to issue all administrative requests before they are allowed to sue the agent in court.
ALJ State
Most U.S. states have laws that are modeled after APA or somewhat similar to them. In some states, such as New Jersey, state law is also known as the Administrative Procedure Act.
Unlike federal ALJs, whose powers are guaranteed by federal law, ALJ countries have varying strengths and prestige. In some contexts of state law, ALJ has almost no power; their decisions are rendered practically with no respect and to be, as a result, a recommendation. In some cities, ALJs are employees of agents, making the independence of their decisions potentially questionable. In some institutions, the ALJ dresses up like a lawyer in a business suit, sharing an office, and holding an audience in an ordinary conference room. At another institution (especially the Workers' Compensation Division of the California Department of Industrial Relations), the ALJ wore a robe like a judge of Article III, called "Honorable" and "Your Honor", worked in a private room, held a specially "hearing" audience audience such as a small courtroom, and has a court clerk who swears in a witness.
Professional organization
Professional organizations representing federal ALJs include Federal Administrative Judge Conferences, Administrative Justices Judges Association, which only represents the Social Security ALJs, and the US Administrative Judge Judges Forum. Professional organizations that include state and federal ALJs include the National Association of Administrative Law Judiciary, the ABA National Conference of Administrative Law Judiciary, and the National Association of Hearing Officials.
International comparison
Unlike the United States, the UK Courts, Courts and Enforcement Act of 2007 recognizes qualified legal members of the national system of administrative law courts as members of the judiciary of the United Kingdom guaranteed judicial independence.
The ALJ can not be recognized as a member of the judicial branch of the government (without first expelling them completely from their executive institutions in the executive branch), because to do so would violate the basic principle of separation of powers as set out in the US Constitution. In a majority opinion of 2013 signed by Associate Justice Antonin Scalia, the US Supreme Court explained:
The difference of opinion is exaggerated when it claims that the institutions exercise "legislative power" and "judicial power"... The first is given exclusively in Congress... the last one in "one Supreme Court" and "the lower Court as is possible do Congress from time to time ordain and establish "... Agent makes rules... and performs adjudication... and has done so since the beginning of the Republic. These activities take the form of "legislative" and "judicial", but they are exercises - indeed, under our constitutional structure, they must exercise - "Executive Power".
List of US federal agencies with ALJ
Most of the agents below have only a few dozen ALJs. In 2013, the Social Security Administration has by far the largest number of ALJs in more than 1,400, who hear over 700,000 cases annually. The average SSA hearing process occurs over a period of 373 days.
- Coast Guard
- Commodity Futures Trading Commission
- Department of Agriculture
- Department of Health and Human Services/Department of Appeal Board
- Department of Health and Human Services/Office of Medicare Conferences and Appeals
- Department of Housing and Urban Development
- Department of Home Affairs
- Department of Justice/Executive Office for Immigration Review
- Department of Labor
- Department of Transportation
- Department of Veterans Affairs
- Drug Enforcement Administration
- Environmental Protection Agency
- Commission Opportunity Opportunity
- Federal Aviation Administration
- Federal Communications Commission
- Federal Energy Regulatory Commission
- Federal Labor Relations Authority
- Federal Maritime Commission
- Federal Mine Security and Security Advisory Commission
- Federal Reserve Board of Governors
- Federal Trade Commission
- Food and Drug Administration
- General Services Administration
- International Trade Commission
- Merit System Protection Board
- National Labor Relations Board
- National Transportation Safety Board
- Nuclear Regulatory Commission
- Occupational Safety and Health Review Commission
- Office of Financial Institution Adjudication
- Patent and Trademark Office
- Post Service
- Securities and Exchange Commission
- Small Business Administration
- Social Security Administration
Other federal agencies may ask the US Personnel Management Office to lend them Judicial Administrative Law from other federal agencies for a period of up to six months.
List of state departments and agencies with ALJ
Some states, such as California, follow a federal model that has a separate ALJ corps attached to each agency that uses it. Others, such as New Jersey, have combined all the ALJs together into a single institution holding hearings on behalf of all other state agencies. This state-of-the-art adjudication agency is called a "central panel body". Many states have central panel agencies, but they do not handle all hearings for each state agency.
- Alabama Department of Revenue
- California Consumer Affairs Department
- California Health Office
- California Industrial Relations Department
- California Social Services Department
- California Department of Employment Development
- California Appeals Office
- California Public Utilities Commission
- Colorado District Administrative Office
- Florida Division of Administrative Hearings
- Georgia State Audience Administration Office
- Illinois Human Rights Commission
- The Arizona Industrial Commission
- Iowa Department of Correction
- Iowa Department of Inspections and Appeals-Division of Administrative Hearings (conducting hearings for some but not all state agencies)
- Iowa Department of Labor Development
- Louisiana Administration Law Division
- Maryland Administration Administration Office
- Maryland Public Services Commission (public utility case hearing)
- The Massachusetts Executive Office of Transportation
- Massachusetts Department of Environmental Protection
- Michigan State Administration and Rules Administration Office
- Administrative Office Administration in Minnesota (conducting hearings for some but not all state agencies)
- Mississippi Department of Labor Security, Office of the Governor
- New Jersey Administrative Law Office (conducting hearings for all state agencies)
- New York City Administrative and Court Audit Office (conducting hearings for some but not all municipal agencies)
- New York City Financial Department (hearing for parking violations)
- New York State Department of Environmental Conservation
- New York State Department of Labor
- New York State Department's Motor Vehicle Traffic Bureau
- Department of State New York
- The Office of Temporary and Disabled Assistance in New York
- Pennsylvania Insurance Department
- Pennsylvania Department of Labor and Industry, Workers' Compensation Bureau
- Pennsylvania Liquor Control Board
- Pennsylvania Public Utilities Commission
- South Carolina Administrative Court of Justice (conducting hearings for all state agencies)
- Texas Banking Department
- The Texas Financial Commission
- Texas Health and Human Services Commission
- Texas State Administration Administration Office (not listening only to some state agencies)
- Office of the Washington Administration Administration (conducting hearings for all state agencies plus some local agencies)
- West Virginia Public Employees Complaint Board
- West Virginia Public Service Commission
- West Virginia Insurance Commission (Workers' Compensation)
See also
- Federal court in the United States
- United States federal court
- Administrative Court
References
External links
- United States Administrative Judge Forum (FORUM)
- National Administrative Justice Law Association
- Federal Administrator Legal Judge Conference
Source of the article : Wikipedia
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