Administrative Law Judge

Administrative Law Judge in United States

Administrative Law Judge Definition

Alj in this legal Encyclopedia
Administrative Law Judge definition in the Law Dictionary

Administrative Law Judge in Foreign Legal Encyclopedias

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Administrative Law Judge (ALJ) in Environmental Law

A person hired by an administrative agency to oversee and recommend a decision in cases where the regulated person has a right to a formal hearing. Administrative law judges are selected through competition and a merit system. The Administrative Procedures Act of 1946 defines their roles and preserves their independence. They cannot be removed from office except: for good cause. In the case of the Environmental Protection Agency (EPA) the ALJs are not assigned to a particular regional office but travel to various locations to hear the cases.

The EPA is directed by several statutes to provide formal hearings for: people subject to administrative penalty orders if the orders involve amount specified in the statute. A hearing is held if the respondent to the order requests one. Information concerning the right to a hearing and how to ask for one must be included in information accompanying the proposed penalty order.

Administrative hearings may be formal or informal. If they are formal, they are subject to the Administrative Procedures Act of 1946, and an administrative law judge will hear the case and make the decision. ALJs control the hearing process, making sure the person involved is given an opportunity to be heard. The filings and testimony become a part of the record so that the decision can be reviewed by the administrator and, if necessary, by a court. Testimony may be submitted in written form, if the ALJ wishes, or it may be given at the hearing.

After the hearing, the parties submit proposed findings of fact and conclusions of law to the judge, who may adopt one of them or write his or her own. The agency administrator is not required to agree with the ALJ, so the judge’s decision will be couched as a recommended decision. The administrator must affirmatively accept it in order to make it an order or an initial decision, which will become final after a certain period of time unless the administrator rejects it.

Many agencies other than the EPA employ ALJs. In contrast to judges within the court system, ALJs have experience and knowledge in the substantive issues the agency deals with. Therefore, their decisions are given a great deal of weight. See also Administrative Procedure Act; Clean Air Act; Clean Water Act.
Based on “Environment and the Law. A Dictionary”.

Administrative Law Judge Definition in the context of the Federal Court System

An officer in a regulatory or social service agency, such as the Securities and Exchange Commission or the Social Security Administration, who decides disputes under the law and regulations administered by his agency, subject to appeals to the Article III courts.

Concept of Administrative Law Judge (ALJ) in Labor Law

In this context, a definition of Administrative Law Judge (ALJ) is offered here: A civil service appointee of the National Labor Relations Board who conducts unfair labor practice hearings in the region where such cases originate.

Discussing Particular Problems With the Administrative Law Judge (in Disability Claims)

Some information about Discussing Particular Problems With the Administrative Law Judge in this context.

Administrative Law Judge: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Administrative Law Judge. This part provides references, in relation to Administrative Law Judge, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Administrative Law Judge by content types:

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Federal Case Law and Court Materials

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Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Administrative Law Judge and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Administrative Law Judge or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Administrative Law Judge and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Administrative Law Judge. Finding these decisions can be challenging. In many cases, researchers about Administrative Law Judge should check state agency web sites for their regulations, decisions, forms, and other information of interest.

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