Article 6 Issue
Office of Administrative Hearings and ALJs
State Statutes
Some of the states which have established an Office of
Administrative Hearings or ALJ Division or the like:
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States/Statute Language describing how director is placed
into office and qualifications necessary:
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o
The
governor shall appoint the director. At a minimum, the director shall have the
experience necessary for appointment as an administrative law judge. The
director also shall possess supervisory, management and administrative skills,
as well as knowledge and experience relating to administrative law.
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o
There
shall be an Executive Director of the Office. The Executive Director shall be
responsible for the administration of the Office, subject to the supervision of
the Chief Administrative Law Judge.
o
The
Executive Director shall be appointed by the Chief Administrative Law Judge as
a statutory employee in the Excepted Service pursuant to § 1- 609.08, and shall serve at the pleasure of the Chief
Administrative Law Judge. In making the appointment, the Chief Administrative
Law Judge shall consider experience and special training in administrative,
operational, and managerial positions and familiarity with court and
administrative hearing procedures and operations. The Executive Director need
not be an attorney and may not concurrently hold an appointment as an
Administrative Law Judge appointed under the authority of § 2-1831.08(b).
o
The
Executive Director shall be a resident of the
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o
The
Division of Administrative Hearings within the Department of Management
Services shall be headed by a director who shall be appointed by the
Administration Commission and confirmed by the Senate. The director, who shall
also serve as the chief administrative law judge, and any deputy chief
administrative law judge must possess the same minimum qualifications as the
administrative law judges employed by the division.
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o
The
office is under the direction of a director of administrative hearings who must
be free of any association that would impair the director's ability to function
officially in a fair and objective manner. The director must be an attorney at
law in good standing, admitted to the bar in this state, and currently licensed
by the state board of law examiners. The director of administrative hearings
must be appointed by the governor and confirmed by the senate and shall hold
office for a term of six years, the term beginning July first of the year of
appointment and ending June thirtieth of the sixth calendar year after
appointment.
States/Statute Language establishing specific powers
and duties of directors:
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§
1.
Serve as the chief administrative law judge of the office.
2. Make and execute the contracts and other
instruments that are necessary to perform the director's duties.
3. Hire employees, including full-time
administrative law judges, and contract for special services, including
temporary administrative law judges, that are necessary to carry out this
article. An administrative law judge employed or contracted by the office shall
have graduated from an accredited college of law or shall have at least two
years of administrative or managerial experience in the subject matter or
agency section the administrative law judge is assigned to in the office.
4. Make rules that are necessary to carry out
this article, including rules governing ex parte communications in contested
cases.
5. Submit a report to the
governor, speaker of the house of representatives and president of the senate
by November 1 of each year describing the activities and accomplishments of the
office. The director's annual report shall include a summary of the extent and
effect of agencies' utilization of administrative law judges, court reporters
and other personnel in proceedings under this article and recommendations for
changes or improvements in the administrative procedure act or any agency's practice
or policy with respect to the administrative procedure act.
6. Secure, compile and maintain all decisions,
opinions or reports of administrative law judges issued pursuant to this
article and the reference materials and supporting information that may be
appropriate.
7. Develop, implement and maintain a program for
the continuing training and education of administrative law judges and agencies
in regard to their responsibilities under this article. the program shall
require that an administrative law judge receive training
in the technical and subject matter areas of the sections to which the
administrative law judge is assigned.
8. Develop, implement and maintain a program of
evaluation to aid the director in the evaluation of administrative law judges
appointed pursuant to this article that includes comments received from the
public.
9. Annually report the following to the
governor, the president of the senate and the speaker of the house of
representatives by December 1 for the prior fiscal year:
·
(a)
The number of administrative law judge decisions rejected or modified by agency
heads.
(b) By category, the number and disposition of
motions filed pursuant to § 41-1092.07, subsection A to disqualify office
administrative law judges for bias, prejudice, personal interest
or lack of expertise.
(c) By agency, the number and type of violations
of § 41-1009.
§
10.
Schedule hearings pursuant to § 41-1092.05 upon the request of an agency or the filing of a
notice of appeal pursuant to § 41-1092.03.
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o
The
director has the right to appeal actions by the Executive Office of the
Governor that affect amendments to the division's approved operating budget or
any personnel actions pursuant to chapter 216 to the Administration Commission,
which shall decide such issue by majority vote. The appropriations committees
may advise the Administration Commission on the issue. If the President of the
Senate and the Speaker of the House of Representatives object in writing to the
effects of the appeal, the appeal may be affirmed by the affirmative vote of
two-thirds of the commission members present.
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o
The
director of the division shall employ the administrative law judges for the
division
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o
The
Director and Chief Administrative Law Judge of the Office of Administrative Law
shall:
a. Administer and cause the work of the office to be performed in such manner
and pursuant to such program as may be required or appropriate;
b. Organize and reorganize the office, and establish such bureaus as may be
required or appropriate;
c. Except as otherwise provided in subsections l. and t., below, appoint,
pursuant to the provisions of Title 11A of the New Jersey Statutes, such
clerical assistants and other personnel as may be required for the conduct of
the office;
d. Assign and reassign personnel to employment within the office;
e. Develop uniform standards, rules of evidence, and procedures, including but
not limited to standards for determining whether a summary or plenary hearing
should be held to regulate the conduct of contested cases and the rendering of
administrative adjudications;
f. Promulgate and enforce such rules for the prompt implementation and
coordinated administration of the "Administrative Procedure Act,"
P.L.1968, c. 410 (C.52:14B-1 et seq.) as may be required or appropriate;
g. Administer and supervise the procedures relating to the conduct of contested
cases and the making of administrative adjudications, as defined by section 2
of P.L.1968, c. 410 (C.52:14B-2);
h. Advise agencies concerning their obligations under the Administrative
Procedure Act, subject to the provisions of subsections b. and e. of section 4
of P.L.1944, c. 20 (C.52:17A-4);
i. Assist agencies in the preparation, consideration,
publication and interpretation of administrative rules required or appropriate
pursuant to the "Administrative Procedure Act," P.L.1968, c. 410
(C.52:14B-1 et seq.);
j. Employ the services of the several agencies and of the employees thereof in
such manner and to such extent as may be agreed upon by the director and the
chief executive officer of such agency;
k. Have access to information concerning the several agencies to assure that
they properly promulgate all rules required by law;
l. Assign permanent administrative law judges at supervisory and other
levels who are qualified in the field of administrative law or in subject
matter relating to the hearing functions of a State agency.
m. Appoint additional administrative law judges, qualified in the field of
administrative law or in a subject matter relating to the hearing functions of
a State agency, on a temporary or case basis as may be necessary during
emergency or unusual situations for the proper performance of the duties of the
office, pursuant to a reasonable fee schedule established in advance by the
director. Administrative law judges appointed pursuant to this procedure shall
have the same qualifications for appointment as permanent administrative law
judges;
n. Assign administrative law
judges to conduct contested cases as required by sections 9 and 10 of P.L.1968,
c. 410 (C.52:14B-9 and 52:14B-10). Proceedings shall be scheduled for suitable
locations, either at the offices of the Office of Administrative Law or
elsewhere in the State, taking into consideration the convenience of the
witnesses and parties, as well as the nature of the cases and proceedings;
o. Assign an administrative law judge or other personnel,
if so requested by the head of an agency and if the director deems appropriate,
to any agency to conduct or assist in administrative duties and proceedings
other than those related to contested cases or administrative adjudications,
including but not limited to rule-making and investigative hearings;
p. Assign an administrative
law judge not engaged in the conduct of contested cases to perform other duties
vested in or required of the office;
q. Secure, compile and
maintain all reports of administrative law judges issued pursuant to this act,
and such reference materials and supporting information as may be appropriate;
r. Develop and maintain a
program for the continuing training and education of administrative law judges
and agencies in regard to their responsibilities under this act;
s. Develop and implement a
program of judicial evaluation to aid himself in the performance of his duties,
and to assist in the making of reappointments under section 4 of P.L.1978, c.
67 (C.52:14F-4). This program of evaluation shall focus on three areas of
judicial performance: competence, productivity, and demeanor. It shall include
consideration of: industry and promptness in adhering to schedules, making
rulings and rendering decisions; tolerance, courtesy, patience, attentiveness,
and self-control in dealing with litigants, witnesses and counsel, and in
presiding over contested cases; legal skills and knowledge of the law and new
legal developments; analytical talents and writing abilities; settlement
skills; quantity, nature and quality of caseload disposition; impartiality and
conscientiousness. The director shall develop standards and procedures for this
program, which shall include taking comments from selected litigants and
lawyers who have appeared before a judge. The methods used by the judge but not
the result arrived at by the judge in any case may be used in evaluating a
judge. Before implementing any action based on the findings of the evaluation
program, the director shall discuss the findings and the proposed action with
the affected judge. The evaluation by the director and supporting data shall be
submitted to the Governor at least 90 days before the expiration of any term.
These documents shall remain confidential and shall be exempted from the
requirements of P.L.1963, c. 73 (C.47:1A-1 et seq.);
t. Promulgate and enforce
rules for reasonable sanctions, including assessments of costs and attorneys'
fees which may be imposed on a party, and attorney or other representative of a
party who, without just excuse, fails to comply with any procedural order or
with any standard or rule applying to a contested case and including the imposition
of a fine not to exceed $1,000.00 for misconduct which obstructs or tends to
obstruct the conduct of contested cases;
u. Have power in connection
with contested case hearings (1) to administer oaths to any and all persons,
(2) to compel by subpoena the attendance of witnesses and the production of
books, records, accounts, papers, and documents of any person or persons, (3)
to entertain objections to subpoenas, and (4) to rule upon objections to
subpoenas except, that any orders of administrative law judges regarding these
objections may be reviewed by the agency head before the completion of the
contested case in accordance with procedural rules, adopted by the Director and
Chief Administrative Law Judge of the Office of Administrative Law. Misconduct
by any party, attorney or representative of a party or witness which obstructs
or tends to obstruct the conduct of a contested case or the failure of any
witness, when duly subpoenaed to attend, give testimony or produce any record,
or the failure to pay any sanction assessed pursuant to subsection t. of this
section, shall be punishable by the Superior Court in the same manner as such
failure is punishable by such court in a case pending therein; and
v. Assign any judge recalled
pursuant to section 4 of P.L.1978, c. 67 (C.52:14F-4) and fix the per diem
allowance.
States/Statue language describing how Chief ALJs are placed into office and necessary qualifications:
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o
The
Office shall be headed by a Chief Administrative Law Judge who shall be
accountable and responsible for the fairness, impartiality, effectiveness, and
efficiency of the Office.
o
The
Chief Administrative Law Judge shall:
§
(1)
Be appointed by the Mayor, with the advice and consent of the Council;
(2) Serve a 6-year term and be eligible for reappointment by the Mayor, with
the advice and consent of the Council, for a maximum of 2 terms as Chief
Administrative Law Judge;
(3) Take an oath of office, as required by law, prior to the commencement of
duties;
(4) Devote full-time to the duties of the Office and shall not engage in the
practice of law, or perform any other duties that are inconsistent with the
duties and responsibilities of the Chief Administrative Law Judge;
(5) Be a member in good standing of the District of Columbia Bar at the time he
or she assumes office and throughout his or her tenure as Chief Administrative
Law Judge;
(6) Be a resident of the District of Columbia or become a resident of the
District of Columbia within 180 days of his or her taking office;
(7) Not be subject to removal from office before expiration of his or her term,
except upon a written finding of the Mayor of good cause, subject to the right
of appeal;
(8) Have the powers and duties specified in this chapter, and the powers,
privileges, and immunities of an Administrative Law Judge; and
(9) Be appointed to the Excepted Service as a statutory officeholder
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o
The
head of the office shall be the chief state administrative law judge who shall
be appointed by the Governor, shall serve a term of six years, shall be
eligible for reappointment, and may be removed by the Governor for cause. The
chief state administrative law judge shall have been admitted to the practice
of law in this state for a period of at least five years. The chief state administrative
law judge shall be in the unclassified service of the state merit system and
shall receive a salary to be determined by the Governor. All successors shall
be appointed in the same manner as the original appointment and vacancies in
office shall be filled in the same manner for the remainder of the unexpired
term.
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o
The
Office is headed by a Chief Administrative Law Judge appointed by the Governor
with the advice and consent of the Senate.
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o
There
shall be within the executive office for administration and finance a division
of administrative law appeals under the direction of a chief administrative
magistrate who shall be appointed by the secretary of the executive office for
administration and finance with the approval of the governor. Said chief
administrative magistrate, shall be a resident of the commonwealth at the time
of his appointment, shall be a person with substantial experience as a trial
attorney, shall devote full time to the duties of his office, and shall have no
financial interest in any provider of services on which he shall make a rate
determination.
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o
Chief
administrative law judge.
The office shall be under the direction of a chief administrative law judge who
shall be learned in the law and appointed by the governor, with the advice and
consent of the senate, for a term ending on June 30 of the sixth calendar year
after appointment. Senate confirmation of the chief administrative law judge
shall be as provided by section 15.066.
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o
The Chief
Administrative Law Judge of the Office of Administrative Hearings shall be
appointed by the Chief Justice for a term of office of four years. The first
Chief Administrative Law Judge shall be appointed as soon as practicable for a
term to begin on the day of his appointment and to end on June 30, 1989.
Successors to the first Chief Administrative Law Judge shall be appointed for a
term to begin on July 1 of the year the preceding term ends and to end on June
30 four years later. A Chief Administrative Law Judge may continue to serve
beyond his term until his successor is duly appointed and sworn, but any
holdover shall not affect the expiration date of the succeeding term.
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o
The Director
of the Employment Department shall employ a person to serve as chief
administrative law judge for the Office of Administrative Hearings. The
director shall consider recommendations by the Office of Administrative
Hearings Oversight Committee in hiring a chief administrative law judge. The
person employed to serve as chief administrative law judge must be an active
member of the Oregon State Bar. The chief administrative law judge has all the
powers necessary and convenient to organize and manage the office. Subject to
the State Personnel Relations Law, the chief administrative law judge shall
employ all persons necessary for the administration of the office, prescribe
the duties of those employees and fix their compensation. The chief
administrative law judge shall serve for a term of four years. Notwithstanding ORS 236.140, the chief administrative law judge may be
removed during a term only for inefficiency, incompetence, neglect of duty,
malfeasance in office, unfitness to render effective service or failure to
continue to meet the criteria for appointment.
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o
The Governor
shall appoint a chief hearing examiner. The person appointed shall, as a
condition of appointment, be admitted to practice law in the State of
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o
The
office is under the direction of a chief administrative law judge appointed by
the governor for a two-year term. The chief administrative law judge is
eligible for reappointment.
o
To be
eligible for appointment as chief administrative law judge, an individual must:
§
(1)
be licensed to practice law in this state; and
§
(2)
for at least five years, have:
·
(A)
practiced administrative law;
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(B)
conducted administrative hearings under Chapter 2001; or
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(C)
engaged in a combination of the two activities listed in Paragraphs (A) and
(B).
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o
The
office shall be under the direction of a chief administrative law judge,
appointed by the governor with the advice and consent of the senate, for a term
of five years. The person appointed is required, as a condition of appointment,
to be admitted to practice law in the state of
States/Statute Language establishing specific powers
and duties of Chief ALJs:
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o
The
Chief Administrative Law Judge shall:
§
(1)
Supervise the Office of Administrative Hearings;
(2) Oversee and administer assignment of Administrative Law Judges to preside
over adjudicated cases heard by the Office;
(3) To the extent he or she deems appropriate, establish internal
classifications for case assignment and management on the basis of subject
matter, expertise, case complexity, and other appropriate criteria;
(4) Establish standard and specialized training programs for Administrative Law
Judges;
(5) Appoint, in accordance with applicable law and available funding, promote,
discipline, and remove staff employed by the Office, other than Administrative
Law Judges;
(6) Provide for, or require completion of, continuing education programs for
Administrative Law Judges and other employees of the Office deemed to be
necessary or desirable;
(7) Develop and implement rules of procedure and practice for cases before the
Office and approve the use of forms and documents that will assist in managing
cases coming before the Office;
(8) Monitor and supervise the quality of administrative adjudication;
(9) Develop and implement a code of professional responsibility for
Administrative Law Judges;
(10) Develop and implement annual performance standards for the management and
disposition of cases assigned to Administrative Law Judges, which shall take
account of subject matter and case complexity;
(11) Apply a pay scale and retention allowances equivalent to those that are
available to Legal Service and Senior Executive Attorney Service attorneys in a
manner designed to attract highly capable public and private sector attorneys
to become Administrative Law Judges in the Office;
(12) Issue and transmit to the Mayor and the Council, not later than 90 days
after the close of the first complete fiscal year of the Office's operation and
each fiscal year thereafter, an annual report on the operations of the Office.
The annual report shall include performance evaluations and case statistics for
each Administrative Law Judge from the filing of a case to disposition.
o
(b)
The Chief Administrative Law Judge may:
§
(1)
Serve as an Administrative Law Judge in any case;
(2) Furnish Administrative Law Judges on a reimbursable basis to District of
Columbia or other government entities not covered by this unit;
(3) Accept and expend funds, grants, bequests, and gifts on behalf of the
Office, and accept the donation of services that are related to the purpose of
the Office unless such a donation would create a conflict of interest in
violation of applicable law;
(4) Enter into agreements and contracts under law with any public or private
entities or educational institutions;
(5) Develop and maintain a program for student interns and law clerks to work
in the Office;
(6) Recommend to the Commission the proposal and promulgation of rules
regulating the appointment, reappointment, discipline, and removal of
Administrative Law Judges;
(7) Adopt, in accordance with § 2-505, rules that are necessary or desirable to facilitate
implementation of this unit, other than rules regulating the appointment,
reappointment, discipline, and removal of Administrative Law Judges promulgated
pursuant to § 2-1831.11;
(8) Assess reasonable filing, copying, and other fees, and adopt rules for
waiving or reducing fees for parties who, after careful review, are determined
by the Office to be incapable of paying full fees; provided, that filing fees
permitted under this subsection shall not be charged to the District of
Columbia government or the United States;
(9) Collect and retain a portion of revenue paid in connection with any
adjudicated case, such revenue to be maintained by the Chief Financial Officer
in a non-lapsing account to fund the administrative adjudication services
provided by the Office, except that such funds shall only be collected and
maintained in a manner consistent with safeguarding the integrity and
independence of the decisional process in matters pending before the Office;
(10) Retain outside counsel, other than the Corporation Counsel, to represent
the Office or any employee of the Office in his or her official capacity in
actual or anticipated litigation;
(11) Implement a program for ongoing quality assurance and performance review;
provided, that no such review shall require that an outcome in any case be
altered;
(12) Issue and implement procedures, practices, and guidelines relating to the
operations or responsibilities of the Office; and
(13) Exercise any other lawful authority to effectuate the purposes of this
chapter.
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o
The
chief state administrative law judge shall promulgate rules and regulations and
establish procedures to carry out the provisions of this article.
o
The
chief state administrative law judge shall have the power to employ clerical
personnel and court reporters necessary to assist in the performance of his or
her duties.
o
The
chief state administrative law judge shall have the power to employ full-time
assistant administrative law judges who shall exercise the powers conferred
upon the chief state administrative law judge in all administrative cases
assigned to them. Each assistant administrative law judge shall have been
admitted to the practice of law in this state for a period of at least three
years. The chief state administrative law judge may establish different levels
of administrative law judge positions and the compensation for such positions
shall be determined by the chief state administrative law judge.
o
The
chief state administrative law judge may appoint a special assistant
administrative law judge on a temporary or case basis as may be necessary for
the proper performance of the duties of the office, pursuant to a fee schedule
established in advance by the chief state administrative law judge. A special
assistant administrative law judge shall have the same qualifications and
authority as a full-time assistant administrative law judge.
o
The
chief state administrative law judge may designate in writing a qualified
full-time employee of an agency other than an agency directly connected with
the proceeding to conduct a specified hearing, but such appointment shall only
be with the prior consent of the employee's agency. Such employee shall then
serve as a special designated assistant administrative law judge for the
purposes of the specific hearing and shall not be entitled to any additional
pay for this service.
o
When
the character of the hearing requires utilization of a hearing officer with
special skill and technical expertise in the field, the chief state
administrative law judge may so certify in writing and appoint as a special lay
assistant administrative law judge a person who is not a member of the bar of
this state or otherwise not qualified under this Code section. Such appointment
shall specify in writing the reasons such special skill is required and the
qualifications of the appointed individual.
o
The
chief state administrative law judge may designate a class of hearings for
which individuals with the necessary skill and training need not meet the
qualifications of paragraphs (1) through (4) of this subsection. These
full-time associate administrative law judges shall exercise the powers
conferred upon the chief state administrative judge in the class of
administrative cases assigned to them. The chief state administrative law judge
shall determine the compensation for such positions.
o
The
chief state administrative law judge and any administrative law judge employed
on a full-time basis: (1) shall not otherwise engage in the practice of law;
and (2) shall not, except in the performance of his or her duties in a
contested case, render legal advice or assistance to any state board, bureau,
commission, department, agency, or officer.
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o
The
Chief Administrative Law Judge shall:
§
(1)
supervise the Office of Administrative Hearings;
§
(2)
establish qualifications for administrative law judges;
§
(3)
appoint and remove administrative law judges in accordance with § 9-1605 of this subtitle;
§
(4)
assign administrative law judges to conduct hearings in contested cases;
§
(5)
if necessary, establish classifications for case assignment on the basis of
subject matter, expertise, and case complexity;
§
(6)
establish and implement standard and specialized training programs and provide
materials for administrative law judges;
§
(7)
provide and coordinate continuing education programs and services for
administrative law judges, including research, technical assistance, technical
and professional publications, compiling and disseminating information, and
advise of changes in the law relative to their duties;
§
(8)
develop model rules of procedure and other guidelines for administrative
hearings;
§
(9)
develop a code of professional responsibility for administrative law judges;
and
§
(10)
monitor the quality of State administrative hearings.
o
The
Chief Administrative Law Judge may:
§
(i) serve as an administrative law judge in a contested
case;
§
(ii)
furnish administrative law judges on a contractual basis to other governmental
entities;
§
(iii)
accept and expend funds, grants, and gifts and accept services from any public
or private source;
§
(iv)
enter into agreements and contracts with any public or private agencies or
educational institutions;
§
(v)
adopt regulations to implement this subtitle; and
§
(vi)
assess fees to cover administrative expenses
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o
It
shall be the responsibility of said chief administrative magistrate to organize
his division to provide speedy and fair disposition of all appeals and to
establish policies that will encourage and aid parties in limiting and
consolidating issues and pleadings to the superior court. Subject to
appropriation he may employ such persons as may be required to discharge the
responsibilities of the division, including administrative magistrates who
shall be members of the bar of the commonwealth and who shall have had trial
experience. Administrative magistrates responsible for adjudicating public
construction contract disputes pursuant to section thirty-nine Q of chapter
thirty shall in addition have had prior experience in construction law; such
administrative magistrates may be hired either as regular employees of the
division or on a consultant basis.
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o
The
chief administrative law judge may hear cases and shall appoint additional
administrative law judges and compensation judges to serve in the office as
necessary to fulfill the duties prescribed in chapters 14 and 176. The chief
administrative law judge may delegate to a subordinate employee the exercise of
a specified statutory power or duty as deemed advisable, subject to the control
of the chief administrative law judge. Every delegation must be by written
order filed with the secretary of state.
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o
The
Director and Chief Administrative Law Judge of the Office of Administrative Law
shall:
a. Administer and cause the work of the office
to be performed in such manner and pursuant to such program as may be required
or appropriate;
b. Organize and reorganize the office, and
establish such bureaus as may be required or appropriate;
c. Except as otherwise provided in subsections
l. and t., below, appoint, pursuant to the provisions of Title 11A of the New
Jersey Statutes, such clerical assistants and other personnel as may be
required for the conduct of the office;
d. Assign and reassign personnel to employment
within the office;
e. Develop uniform standards, rules of evidence,
and procedures, including but not limited to standards for determining whether
a summary or plenary hearing should be held to regulate the conduct of
contested cases and the rendering of administrative adjudications;
f. Promulgate and enforce such rules for the
prompt implementation and coordinated administration of the
"Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.)
as may be required or appropriate;
g. Administer and supervise the procedures
relating to the conduct of contested cases and the making of administrative
adjudications, as defined by section 2 of P.L.1968, c. 410 (C.52:14B-2);
h. Advise agencies concerning their obligations
under the Administrative Procedure Act, subject to the provisions of
subsections b. and e. of section 4 of P.L.1944, c. 20 (C.52:17A-4);
i. Assist agencies in
the preparation, consideration, publication and interpretation of
administrative rules required or appropriate pursuant to the
"Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et
seq.);
j. Employ the services of the several agencies
and of the employees thereof in such manner and to such extent as may be agreed
upon by the director and the chief executive officer of such agency;
k. Have access to information concerning the
several agencies to assure that they properly promulgate all rules required by
law;
l. Assign permanent administrative law judges at
supervisory and other levels who are qualified in the field of administrative
law or in subject matter relating to the hearing functions of a State agency.
m. Appoint additional administrative law judges, qualified in the field of
administrative law or in a subject matter relating to the hearing functions of
a State agency, on a temporary or case basis as may be necessary during
emergency or unusual situations for the proper performance of the duties of the
office, pursuant to a reasonable fee schedule established in advance by the
director. Administrative law judges appointed pursuant to this procedure shall
have the same qualifications for appointment as permanent administrative law
judges;
n. Assign administrative law judges to conduct contested cases as required by
sections 9 and 10 of P.L.1968, c. 410 (C.52:14B-9 and 52:14B-10). Proceedings
shall be scheduled for suitable locations, either at the offices of the Office
of Administrative Law or elsewhere in the State, taking into consideration the
convenience of the witnesses and parties, as well as the nature of the cases
and proceedings;
o. Assign an
administrative law judge or other personnel, if so requested by the head of an
agency and if the director deems appropriate, to any agency to conduct or
assist in administrative duties and proceedings other than those related to
contested cases or administrative adjudications, including but not limited to
rule-making and investigative hearings;
p. Assign an administrative law judge not engaged in the conduct of contested
cases to perform other duties vested in or required of the office;
q. Secure, compile and maintain all reports of administrative law judges issued
pursuant to this act, and such reference materials and supporting information
as may be appropriate;
r. Develop and maintain a program for the continuing training and education of
administrative law judges and agencies in regard to their responsibilities
under this act;
s. Develop and implement a program of judicial evaluation to aid himself in the
performance of his duties, and to assist in the making of reappointments under
section 4 of P.L.1978, c. 67 (C.52:14F-4). This program of evaluation shall
focus on three areas of judicial performance: competence, productivity, and
demeanor. It shall include consideration of: industry and promptness in
adhering to schedules, making rulings and rendering decisions; tolerance,
courtesy, patience, attentiveness, and self-control in dealing with litigants,
witnesses and counsel, and in presiding over contested cases; legal skills and
knowledge of the law and new legal developments; analytical talents and writing
abilities; settlement skills; quantity, nature and quality of caseload
disposition; impartiality and conscientiousness. The director shall develop
standards and procedures for this program, which shall include taking comments
from selected litigants and lawyers who have appeared before a judge. The
methods used by the judge but not the result arrived at by the judge in any
case may be used in evaluating a judge. Before implementing any action based on
the findings of the evaluation program, the director shall discuss the findings
and the proposed action with the affected judge. The evaluation by the director
and supporting data shall be submitted to the Governor at least 90 days before
the expiration of any term. These documents shall remain confidential and shall
be exempted from the requirements of P.L.1963, c. 73 (C.47:1A-1 et seq.);
t. Promulgate and enforce rules for reasonable sanctions, including assessments
of costs and attorneys' fees which may be imposed on a party, and attorney or
other representative of a party who, without just excuse, fails to comply with
any procedural order or with any standard or rule applying to a contested case
and including the imposition of a fine not to exceed $1,000.00 for misconduct
which obstructs or tends to obstruct the conduct of contested cases;
u. Have power in connection with contested case hearings (1) to administer
oaths to any and all persons, (2) to compel by subpoena the attendance of
witnesses and the production of books, records, accounts, papers, and documents
of any person or persons, (3) to entertain objections to subpoenas, and (4) to
rule upon objections to subpoenas except, that any orders of administrative law
judges regarding these objections may be reviewed by the agency head before the
completion of the contested case in accordance with procedural rules, adopted
by the Director and Chief Administrative Law Judge of the Office of
Administrative Law. Misconduct by any party, attorney or representative of a
party or witness which obstructs or tends to obstruct the conduct of a contested
case or the failure of any witness, when duly subpoenaed to attend, give
testimony or produce any record, or the failure to pay any sanction assessed
pursuant to subsection t. of this section, shall be punishable by the Superior
Court in the same manner as such failure is punishable by such court in a case
pending therein; and
v. Assign any judge recalled pursuant to section 4 of P.L.1978, c. 67
(C.52:14F-4) and fix the per diem allowance.
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o
The head of
the Office of Administrative Hearings is the Chief Administrative Law Judge,
who shall serve as Director of the Office. The Chief Administrative Law Judge
has the powers and duties conferred on that position by this Chapter and the
Constitution and laws of this State and may adopt rules to implement the
conferred powers and duties.
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o
The chief
administrative law judge shall employ administrative law judges. The chief
administrative law judge shall ensure that administrative law judges employed
for the office receive all training necessary to meet the standards required
under the program created under ORS 183.680.
o
The chief
administrative law judge shall take all actions necessary to protect and ensure
the independence of each administrative law judge assigned from the office.
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o
The
chief administrative law judge shall:
§
(1)
supervise the office;
§
(2)
protect and ensure the decisional independence of each administrative law
judge;
§
(3)
adopt a code of conduct for administrative law judges that may be modeled on
the Code of Judicial Conduct; and
§
(4)
monitor the quality of administrative hearings conducted by the office.
States/Statue language describing how ALJs are placed into office and necessary qualifications:
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o
The
office shall employ full-time administrative law judges to conduct hearings
required by this article or other laws as follows:
1. The director shall assign administrative law
judges from the office to an agency, on either a temporary or a permanent
basis, at supervisory or other levels, to preside over contested cases and appealable agency actions in accordance with the special
expertise of the administrative law judge in the subject
matter of the agency.
2. The director shall establish the subject
matter and agency sections within the office that are necessary to carry out
this article. Each subject matter and agency section shall provide training in
the technical and subject matter areas of the section as prescribed in
subsection C, paragraph 7 of this section.
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o
The
executive director of the department of personnel may appoint such
administrative law judges except those employed pursuant to sections 24-50- 103(7) and 40-2-104, C.R.S., as may be necessary to provide services to
each state agency, except the state personnel board and the public utilities
commission, entitled to use administrative law judges.
Any administrative law judge shall meet the same qualifications as a district
court judge.
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o
An
Administrative Law Judge shall be appointed to the Excepted Service as a
statutory officeholder pursuant to § 1-609.08, upon the affirmative vote of a majority of the
voting members of the Commission after a selection process in accordance with
rules promulgated pursuant to § 2-1831.11(a) and (b).
o
To be
eligible for appointment, an Administrative Law Judge shall:
§
(1)
At the time of appointment, be a member in good standing of the District of
Columbia Bar and remain in good standing throughout his or her tenure as an
Administrative Law Judge;
(2) If appointed to a position at grade 15 or below, be subject to the
residency requirements applicable to attorneys pursuant to § 1-609.06(c);
(3) If appointed to a position at a level higher than grade 15, be subject to
the residency requirements placed on members of the Senior Executive Attorney
Service pursuant to § 1-608.59;
(4) Have at least 5 years experience in the practice of law, including
experience with court, administrative, or arbitration litigation;
(5) Possess judicial temperament, expertise, experience, and analytical and
other skills necessary and desirable for an Administrative Law Judge; and
(6) Satisfy all other requirements specified in rules promulgated pursuant to § 2-1831.11(a) and (b);
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o
The
division shall employ administrative law judges to conduct hearings required by
this chapter or other law. Any person employed by the division as an
administrative law judge must have been a member of The Florida Bar in good
standing for the preceding 5 years.
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o
The
director of the division shall employ the administrative law judges for the
division, each of whom shall have the following qualifications:
(1) An administrative law judge shall be a
resident of
(2) An administrative law judge shall be
licensed to practice law in
(3) An administrative law judge shall have been
engaged in the actual practice of law for at least five years prior to his
appointment.
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o
An
administrative law judge:
§
(1)
shall be a special appointment in the State Personnel Management System;
§
(2)
may be removed, suspended, or demoted by the Chief Administrative Law Judge for
cause, after notice and an opportunity to be heard;
§
(3)
shall receive the compensation provided in the State budget; and
§
(4)
may not perform duties inconsistent with the duties and responsibilities of an
administrative law judge.
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o
All
administrative law judges and workers' compensation judges must be learned in
the law and must be free of any political or economic association that would
impair their ability to function in a fair and impartial manner. Administrative
law judges shall have demonstrated knowledge of administrative procedures and
workers' compensation judges shall have demonstrated knowledge of workers'
compensation laws.
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o
Permanent
administrative law judges shall be appointed by the Governor with the advice
and consent of the Senate to initial terms of one year. During this initial
term, each judge shall be subject to a program of evaluation as delineated in
section 5 of P.L.1978, c. 67 (C.52:14F-5). First reappointment of a judge after
this initial term shall be by the Governor for a term of four years and until
the appointment and qualification of the judge's successor.
Administrative law judges nominated by the Governor before July 1, 1981 shall,
upon their confirmation by the Senate, serve for terms of five years and until
the appointment and qualification of their successors.
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o
The Chief
Administrative Law Judge shall appoint additional administrative law judges to
serve in the Office of Administrative Hearings in such numbers as the General
Assembly provides. No person shall be appointed or designated an administrative
law judge except as provided in this Article.
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o
Only persons
who have a knowledge of administrative law and procedure may be employed by the
chief administrative law judge as administrative law judges. The chief
administrative law judge by rule may establish additional qualifications for
administrative law judges employed for the office.
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o
The chief
administrative law judge shall appoint administrative law judges to fulfill the
duties prescribed in this chapter. All administrative law judges shall have a
demonstrated knowledge of administrative law and procedures. The chief
administrative law judge may establish different levels of administrative law
judge positions.
States/Statute Language establishing specific powers
and duties of ALJs:
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o
An
Administrative Law Judge shall:
§
(1)
Participate in the program of orientation and in programs of continuing legal
education for Administrative Law Judges required by the Chief Administrative
Law Judge;
(2) Meet annual performance standards applicable to his or her duties;
(3) Engage in no conduct inconsistent with the duties, responsibilities, and
ethical obligations of an Administrative Law Judge;
(4) Not be responsible to, or subject to the supervision or direction of, an
officer, employee, attorney, or agent engaged in the performance of
investigative, prosecutorial, or advisory functions for another agency;
(5) Fully participate in Office management committees and management activities
to set and steer policies relating to Office operations, including, without
limitation, personnel matters;
(6) Supervise, direct, and evaluate the work of employees assigned to him or
her;
(7) Conform to all legally applicable standards of conduct;
(8) Decide all cases in an impartial manner;
(9) Devote full-time to the duties of the position and shall not:
(A) Engage in the practice of law; or (B)
Perform any duties that are inconsistent with the duties and responsibilities
of an Administrative Law Judge;
(10) Cooperate with the Executive Director of the Office to achieve efficient
and effective administration of the Office; and
(11) Take an oath of office, as required by law, prior to the commencement of
duties.
o
In
any case in which he or she presides, an Administrative Law Judge may:
§
(1)
Issue subpoenas and may order compliance therewith;
(2) Administer oaths;
(3) Accept documents for filing;
(4) Examine an individual under oath;
(5) Issue interlocutory orders and orders;
(6) Issue protective orders;
(7) Control the conduct of proceedings as deemed necessary or desirable for the
sound administration of justice;
(8) Impose monetary sanctions for failure to comply with a lawful order or
lawful interlocutory order, other than an order that solely requires payment of
a sum certain as a result of an admission or finding of liability for any
infraction or violation that is civil in nature;
(9) Suspend, revoke, or deny a license or permit;
(10) Perform other necessary and appropriate acts in the performance of his or
her duties and properly exercise any other powers authorized by law;
(11) Engage in or encourage the use of alternative dispute resolution;
(12) When authorized by rules promulgated pursuant to § 2-505, issue administrative inspection authorizations that
authorize the administrative inspection and administrative search of a business
property or premises, whether private or public, and excluding any area of a
premises that is used exclusively as a private residential dwelling. Subject to
the exclusions of this paragraph, property (including any premises) is subject
to administrative inspection and administrative search under this paragraph
only if there is probable cause to believe that:
(A) The property is subject to one or more statutes relating to the public
health, safety, or welfare; (B) Entry to said property has been denied to
officials authorized by civil authority to inspect or otherwise to enforce such
statutes or regulations; and (C) Reasonable
grounds exist for such administrative inspection and search; and
(13) Exercise any other lawful authority.
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o
The
administrative law judge shall have the authority to:
(1) Regulate the adjudicatory proceedings
assigned to him.
(2) Issue such decisions and orders as are
necessary to promote a fair, orderly, and prompt adjudication.
(3) Exercise those powers vested in the
presiding officer in the Administrative Procedure Act.
(4) If the parties do not object, conduct
adjudications or conferences in person or by telephone, video conference, or
similar communication equipment, and administer oaths in such proceedings.
(5) Continue an adjudication in any case when a
party or subpoenaed necessary witness has been called to service in the
uniformed services as defined in R.S. 29:403, including but not limited to a proceeding
pursuant to R.S. 32:667.
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o
In
any contested case conducted by an administrative law judge, the administrative
law judge may:
§
(1)
authorize the issuance of subpoenas for witnesses;
§
(2)
administer oaths;
§
(3)
examine an individual under oath; and
§
(4)
compel the production of documents or other tangible things.
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o
All
administrative law judges shall comply with the duties of hearing officers
under section 28-32-31 for all hearings of administrative agencies
under chapter 28-32, as well as for all hearings of administrative agencies not
under chapter 28-32, in accordance with applicable laws.
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o
An
administrative law judge employed by or contracting with the chief
administrative law judge shall conduct hearings on behalf of agencies as
assigned by the chief administrative law judge. An administrative law judge
shall be impartial in the performance of the administrative law judge's duties
and shall remain fair in all hearings conducted by the administrative law
judge.