Hearing Officers in the United States

Hearing Officers in Environmental Law

In administrative hearings, both formal and informal, people who will hear the case are employees of the agency involved. The main restriction on the hearing officer is that he or she may not be involved in the case being heard. In federal environmental actions, the hearing officer is usually a lawyer or an administrative law judge. After the hearing, the officer will make recommendations to the regional administrator concerning the case. The administrator may adopt the position of the hearing officer or may choose another. As the hearings become more formal, the decisions themselves becomes more formal. Instead of an informal recommendation, the hearing officer will issue findings of fact and conclusions of law, which are then submitted to the regional administrator.

Formal hearings resemble trials but in many respects are conducted less rigidly. The administrative law judge hears motions, holds prehearing conferences, and ultimately listens to the evidence. Evidence is broadly admissible, and much evidence that would be excluded in a trial is allowed in an administrative hearing. The Administrative Procedure Act stipulates that cross examination of witnesses must be sufficient to allow “full and true disclosure of the facts.” However, the judge may require written testimony in lieu of oral.
Based on “Environment and the Law. A Dictionary”.

Hearing Officers (Judicial Officers)

This section introduces, discusses and describes the basics of hearing officers. Then, cross references and a brief overview about Judicial Officers is provided. Finally, the subject of Civil Procedure in relation with hearing officers is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.