Can Administrative Law Judges Order Arrests?

An Administrative Law Judge (ALJ) is an independent and impartial trier of fact in formal proceedings requiring a decision on the record after the opportunity for a hearing. ALJs rule on preliminary motions, conduct pre-hearing conferences, issue subpoenas, conduct hearings, review briefs, and prepare and issue decisions. In addition to these duties, an ALJ may impose sanctions for failure to comply with a lawful order. These sanctions can include applying to a judge of the Superior Court of the District of Columbia for an order to show cause why a person should not be held in civil contempt for refusal to comply with an order. This means that an ALJ can indirectly have someone arrested for civil contempt if they refuse to comply with a lawful order.

Administrative Law Judge (ALJ) function

The Administrative Law Judge (ALJ) function was created by the Administrative Procedure Act (APA) in 1946 to ensure fairness in administrative proceedings before Federal Government agencies. ALJs are independent and impartial, and they serve as triers of fact in formal proceedings requiring a decision on the record after the opportunity for a hearing. They are part of the executive branch, not the judicial branch, and are triers of fact "insulated from political influence". ALJs have absolute immunity from liability for their judicial acts. They are not responsible to, or subject to, the supervision or direction of employees or agents of the federal agency engaged in the performance of investigative or prosecution functions for the agency.

ALJs prepare for and preside at formal proceedings, ruling on preliminary motions, conducting pre-hearing conferences, issuing subpoenas, conducting hearings (which may include written and/or oral testimony and cross-examination), reviewing briefs, and preparing and issuing decisions. Depending on the agency's jurisdiction, proceedings may have complex multi-party adjudication or simplified and less formal procedures. ALJs may also administer oaths, take testimony, rule on questions of evidence, and make factual and legal determinations.

ALJs participate in many different topics and for many different agencies, including the Social Security Administration (SSA), the Environmental Protection Agency (EPA), and the U.S. Postal Service. The determinations of an ALJ may be appealed to a federal judicial court, but each agency has its own appellate processes of review that must be followed before someone can access the federal courts.

To qualify for an ALJ position, applicants must meet licensure and experience requirements, as well as pass the OPM administrative law judge competitive examination. Applicants must be licensed and authorized to practice law and have seven years of experience as a licensed attorney preparing for, participating in, and/or reviewing formal hearings or trials involving litigation.

ALJ independence

Administrative law judges (ALJs) are considered part of the executive branch, not the judicial branch, but the APA is designed to guarantee their decisional independence. They have absolute immunity from liability for their judicial acts and are triers of fact "insulated from political influence". Federal ALJs are not responsible to or subject to the supervision or direction of employees or agents of the federal agency engaged in investigative or prosecution functions. Ex parte communications are prohibited, and ALJs are exempt from performance ratings, evaluations, and bonuses. Agency officials may not interfere with their decision-making, and ALJs may only be discharged for good cause.

The United States Supreme Court has recognized that the role of a federal ALJ is "functionally comparable" to that of an Article III judge. ALJs may issue subpoenas, rule on evidence, regulate hearings, and make or recommend decisions. However, they have no power to sanction unless a statute provides such power. The process of agency adjudication is structured to ensure that ALJs exercise independent judgment, free from pressures by parties or other officials within the agency.

ALJs may be employed by a "central panel" organization, providing them with independence from agencies. While federal ALJ powers are guaranteed by federal statute, state ALJs have varying power and prestige. In some states, ALJ decisions are given little deference and are effectively treated as recommendations. In certain cities, ALJs are at-will employees of the agency, which may call into question their decisional independence.

To maintain the integrity and independence of the administrative judiciary, ALJs must meet high standards of conduct and comply with a code of conduct. They must be licensed attorneys and pass a competitive examination to qualify for their position.

ALJ conduct

Administrative law judges (ALJs) are independent and impartial triers of fact in formal proceedings requiring a decision on the record after the opportunity for a hearing. They are appointed under the US Const. art. II, § 2, cl. 2 and the Administrative Procedure Act of 1946 (APA), which requires that federal ALJs be appointed based on scores achieved in a comprehensive testing procedure, including a four-hour written examination and an oral examination. ALJs must be licensed and authorized to practice law and have at least seven years of experience as a licensed attorney. They are subject to high standards of conduct to maintain the integrity and independence of the administrative judiciary.

ALJs prepare for and preside at formal proceedings, ruling on preliminary motions, conducting pre-hearing conferences, issuing subpoenas, conducting hearings, reviewing briefs, and preparing and issuing decisions. They can administer oaths, take testimony, rule on questions of evidence, and make factual and legal determinations. Their powers are often comparable to those of a trial judge, but they do not exercise full judicial power and are limited in their ability to sanction. ALJs are also prohibited from acting as arbitrators or mediators outside of their official duties and from practicing law or serving as a lawyer for a family member.

The procedure for reviewing an ALJ's decision varies depending on the agency. Agencies generally have their own internal appellate processes that must be followed before someone can access the federal courts. The mission of the Office of Administrative Law Judges (OALJ) is to provide a neutral forum to resolve labor-related administrative disputes in a fair, transparent, and accessible manner and to promptly issue sound decisions correct in law and fact.

In terms of conduct, ALJs are expected to uphold the integrity and independence of the judiciary and act without fear or favor. They must comply with the law and the Code of Conduct for United States Judges. For example, if an ALJ receives an unauthorized ex parte communication, they should notify the parties and allow them an opportunity to respond. ALJs are also expected to treat everyone with dignity and respect.

ALJ powers

Administrative Law Judges (ALJs) were created by the Administrative Procedure Act (APA) in 1946 to ensure fairness in administrative proceedings before Federal Government agencies. ALJs are independent and impartial, ruling on preliminary motions, conducting hearings, and reviewing briefs. They are not the same as administrative judges, who are directly hired by agencies and can only participate in unofficial disputes.

ALJs have a broad scope, participating in various topics and serving many different agencies, including the Social Security Administration (SSA), the Environmental Protection Agency (EPA), and the U.S. Postal Service. They must meet high standards of conduct and comply with a Code of Conduct to maintain the integrity and independence of the judiciary.

In terms of specific powers, ALJs can:

• Issue subpoenas and order compliance
• Control the conduct of proceedings as necessary for the administration of justice
• Impose monetary sanctions for failure to comply with lawful orders
• Apply to a judge of the Superior Court of the District of Columbia for an order to show cause why a person should not be held in civil contempt for refusal to comply with an order
• Participate in orientation and continuing legal education programs
• Supervise, direct, and evaluate the work of assigned employees
• Take an oath of office prior to commencing duties

It is important to note that the rules and nature of ALJs can vary by state, and while they can make recommendations to funding agencies, they are generally prohibited from acting as arbitrators or mediators outside their official duties.

ALJ qualifications

Administrative Law Judges (ALJs) were created by the Administrative Procedure Act (APA) in 1946 to ensure fairness in administrative proceedings before Federal Government agencies. ALJs serve as impartial triers of fact in formal proceedings requiring a decision on the record after the opportunity for a hearing. They rule on preliminary motions, conduct pre-hearing conferences, issue subpoenas, conduct hearings (which may include written and/or oral testimony and cross-examination), review briefs, and prepare and issue decisions, along with written findings of fact and conclusions of law.

To qualify for an ALJ position, applicants must meet the licensure and experience requirements and pass the OPM administrative law judge competitive examination. Applicants must be licensed and authorized to practice law under the laws of a State, the District of Columbia, the Commonwealth of Puerto Rico, or any territorial court established under the United States Constitution. They must also have seven years of experience as a licensed attorney preparing for, participating in, and/or reviewing formal hearings or trials involving litigation and/or administrative law.

The ALJ examination evaluates the competencies, knowledge, skills, and abilities (KSAs) essential to performing the work of an ALJ. ALJs must be held to a high standard of conduct to maintain the integrity and independence of the administrative judiciary. As a condition of employment, all ALJs must meet the licensure requirement stated in Part II Qualification Requirements and must continue to meet this condition throughout their employment.

Frequently asked questions