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An administrative law judge (ALJ) in the United States is an official who presides at an administrative trial-type hearing to resolve a dispute between a government agency and someone affected by a decision of that agency. The ALJ is the initial trier of fact and decision maker. ALJs can administer oaths, take testimony, rule on questions of evidence, and make factual and legal determinations.^[1] ALJ-controlled proceedings are comparable to a bench trial, but with simplified and less formal procedures.

Procedure for reviewing an ALJs decision varies depending upon the agency. Agencies generally have an internal appellate body, with some agencies having a Cabinet secretary deciding the final internal appeals. Moreover, after the internal agency appeals have been exhausted, a party may have the right to file an appeal in the courts. Relevant statutes usually require a party to exhaust all administrative appeals before they are allowed to sue an agency in court.

Federal ALJs are appointed under the Administrative Procedure Act (APA). Their appointments are non-political and based on scores achieved in a comprehensive testing procedure. Federal ALJs are the only merit-based judicial corps in the United States.

The APA is designed to guarantee the independence of ALJs. They have absolute immunity from liability for their judicial acts and are triers of fact "insulated from political influence." Federal administrative law judges 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. Agency officials may not interfere with their decision making and administrative law judges may be discharged only for good cause established and determined after a hearing on the record. ^[2]

Only ALJs receive these protections. Some agencies conduct hearings before individuals referred to as "hearing officers" or "trial examiners." These individuals may perform functions similar to those of ALJ's, but they are not protected by the APA.

In American administrative law, ALJs are Article I judges, and are not Article III judges under the U.S. Constitution. Unlike Article III judges, Article I judges are not confirmed by the Senate. However, the United States Supreme Court has recognized that the role of a federal administrative law judge is "functionally comparable" to that of an Article III judge. An ALJ's powers are often, if not generally, comparable to those of a trial judge: The ALJ may issue subpoenas, rule on proffers of evidence, regulate the course of the hearing, and make or recommend decisions. The process of agency adjudication is currently structured so as to assure that the hearing examiner exercises his independent judgment on the evidence before him, free from pressures by the parties or other officials within the agency." ^[3]

Most U.S. states have a statute modeled after the APA or somewhat similar to it. In some states, like New Jersey, the state law is also known as the Administrative Procedure Act.

Unlike Federal ALJs, whose powers are guaranteed by the APA federal statute, state ALJs have widely varying power and prestige. In some state law contexts, ALJs have almost no power; their decisions are accorded practically no deference and become, in effect, recommendations. In some agencies, ALJs dress like lawyers in business suits, share offices, and hold hearings in ordinary conference rooms. In other agencies (particularly the Division of Workers' Compensation of the California Department of Industrial Relations), ALJs wear robes like Article III judges, insist on being called "Honorable" and "Your Honor," work in private chambers, hold hearings in special "hearing rooms" that look like little courtrooms, and have court clerks who swear in witnesses.

There are three nationwide professional organizations for ALJs: the National Association of Administrative Law Judiciary (note that there is no "the" in the NAALJ's name), the Federal Administrative Law Judges Conference, and the Association of Administrative Law Judges.

Contents 1 Federal agencies and departments that have administrative law judges 2 State departments and agencies that have administrative law judges 3 See also 4 Notes

• Coast Guard
• Commodity Futures Trading Commission
• Department of Agriculture
• Department of Health and Human Services/Department Appeals Board
• Department of Health and Human Services/Office of Medicare Hearings and Appeals
• Department of the Interior
• Department of Labor
• Department of Transportation
• Drug Enforcement Administration
• Environmental Protection Agency
• Equal Employment Opportunity Commission (adjudicates employee claims against federal employers)
• Federal Aviation Administration
• Federal Communications Commission
• Federal Energy Regulatory Commission
• Federal Labor Relations Authority
• Federal Maritime Commission
• Federal Mine Safety and Health Review Commission
• Federal Trade Commission
• Food and Drug Administration
• International Trade Commission
• Merit Systems Protection Board
• National Labor Relations Board
• National Transportation Safety Board
• Occupational Safety and Health Review Commission
• Office of Financial Institution Adjudication
• Postal Service
• Securities and Exchange Commission
• Small Business Administration
• Social Security Administration

Some states, like California, follow the federal model of having a separate corps of ALJs attached to each agency that uses them. Others, like New Jersey, have consolidated all ALJs together into a single agency that holds hearings on behalf of all other state agencies.

• Alabama Department of Revenue
• California Department of Consumer Affairs
• California Department of Health Services
• California Department of Industrial Relations
• California Department of Social Services
• California Public Utilities Commission
• Florida Division of Administrative Hearings
• Illinois Human Rights Commission
• Industrial Commission of Arizona
• Massachusetts Executive Office of Transportation
• Massachusetts Department of Environmental Protection
• Michigan State Office of Administrative Hearings and Rules
• Minnesota Office of Administrative Hearings (does hearings for all state agencies)
• New Jersey Office of Administrative Law (does hearings for all state agencies)
• New York City Office of Administrative Trials and Hearings (does hearings for all city agencies)
• New York State Department of Environmental Conservation
• New York State Department of Labor
• Pennsylvania Liquor Control Board
• Pennsylvania Public Utility Commission
• South Carolina Administrative Law Court (does hearings for all state agencies)
• Texas Department of Banking
• Texas Finance Commission
• Texas State Office of Administrative Hearings (does hearings for only some state agencies)
• Traffic Violations Bureau of New York State DMV
• Washington Office of Administrative Hearings (does hearings for all state agencies plus some local ones)

• Article I and Article III tribunals

1. ^ See 5 U.S.C. § 556.
2. ^ Butz v. Economou, 438 U.S. 478, 514 (1978)
3. ^ Federal Maritime Commission v. S.C. State Ports Authority, 535 U.S. 743, 756 (2002); Butz v. Economou, 438 U.S. 478, 514 (1978).