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Administrative Law Judges: An Overview (CRS Report for Congress)

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Release Date Revised April 13, 2010
Report Number RL34607
Report Type Report
Authors Vanessa K. Burrows, Legislative Attorney
Source Agency Congressional Research Service
Older Revisions
  • Premium   Aug. 5, 2008 (16 pages, $24.95) add
Summary:

Administrative law judges (ALJs) preside at formal adjudicatory and rulemaking proceedings conducted by executive branch agencies. ALJs make decisions in these proceedings, and their administrative determinations must be based on the record of trial-type hearings. An ALJ's function as an independent, impartial trier of fact in agency hearings is comparable to the role of a trial judge presiding over non-jury civil proceedings. Although there are many ALJs working in state government, this report describes the role of federal ALJs, with a specific focus on the mission, responsibilities, and appointment of such ALJs. This report also discusses the differences between ALJs and non-ALJ hearing examiners who conduct administrative adjudication in federal agencies. In the 111th Congress, several bills have been introduced regarding ALJs, including H.R. 2850, S. 372, and S. 1228.