2.7 Administrative Law Judges- ALJ's

 Administrative Law Judges

Administrative Law Judges (ALJ)  make determinations regarding Administrative Law.  They function within the "scope" of the agency in enforcing its rules.  Individuals who believe that they have been damaged or violated by a rule, would file their case in front of an ALJ.  The ALJ reviews the history and process of the rule-making record and determines in the rule is fair and just.  There are no juries to hear evidence and come to a conclusion, that is the role of the ALJ.  Since Administrative Law is produced via the "experts" in the agency and are a product of public comment, the ALJ's follow the rules made by the agency.  If an ALJ determines that an agency acted upon a rule or made a rule that was "Arbitrary and Capricious" then the rule will be thrown out. 

Federal Administrative Law can be appealed into the Federal Court system.  The DC Circuit Court handles the appeals of all Agency rule adjudication.  This is an exceptional amount of power as the DC Circuit Court therefore is the de-facto Supreme Court of Administrative Law.

 

Using the FCC:

The Office of Administrative Law Judges (OALJ) of the Federal Communications Commission is responsible for conducting the hearings ordered by the Commission. The hearing function includes acting on interlocutory requests filed in the proceedings such as petitions to intervene, petitions to enlarge issues, and contested discovery requests.

An Administrative Law Judge, appointed under the APA, presides at the hearing during which documents and sworn testimony are received in evidence, and witnesses are cross-examined. At the conclusion of the evidentiary phase of a proceeding, the Presiding Administrative Law Judge writes and issues an Initial Decision which may be appealed to the Commission.

 

 

The Administrative Procedures Act (APA)  is the "Constitution" of Administrative Law.  Administrative Law Judges with evaluate the creation of rules against the procedures mandated in the APA.

How ALJ's and the Judicial Branch can control the Agencies:

• Judicial control
  • Amicus Curaie, Judicial Appointment, Solicitor General.
  • Injunctions on rules before they are made
  • Judicial Review over Administrative Law Judges
  • C. Circuit has review over federal agencies
    • The D.C. Circuit is arguably the most important inferior appellate court. The court is given the responsibility of directly reviewing the decisions and rulemaking Links to an external site. of many federal independent agencies of the United States government Links to an external site. based in the national capital Links to an external site., often without prior hearing by a district court Links to an external site.. Aside from the agencies whose statutes explicitly direct review by the D.C. Circuit, the court typically hears cases from other agencies under the more general jurisdiction granted to the Courts of Appeals under the Administrative Procedure Act Links to an external site.. Given the broad areas over which federal agencies have power, this often gives the judges of the D.C. Circuit a central role in affecting national U.S. policy and law. A judgeship on the D.C. Circuit is often thought of as a stepping-stone for appointment to the Supreme Court