The Role of the ALJ

The Role of the ALJ

Learn about various rules ensuring the independence and neutrality of ALJ's, such as the separation-of-functions provision and prohibitions on ex parte communications.

Transcript

The APA permits the agency itself, which is to say the agency head, to preside at the reception of evidence and render a decision. However, as a practical matter, almost all agency adjudications are delegated to administrative-law judges, or ALJs, who preside over the adjudicatory hearing. ALJs were formerly called hearing examiners.

I.               ALJs versus Article III Judges

ALJs function like federal trial judges in...