Authority and Review of Federal ALJs
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 ALJ exercises his or her independent judgment on the evidence before them, free from pressures by the parties or other officials within the agency.
The procedure for reviewing an ALJ's decision varies depending upon the agency. Agencies generally have an internal appellate body, with some agencies having a Cabinet secretary decide 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 state or federal courts. Relevant statutes usually require a party to exhaust all administrative appeals before they are allowed to sue an agency in court.
Read more about this topic: Administrative Law Judge
Famous quotes containing the words authority, review and/or federal:
“When the nature of the thing is incomprehensible, I can acquiesce in the Scripture: but when the signification of words is incomprehensible, I cannot acquiesce in the authority of a Schoolman.”
—Thomas Hobbes (1579–1688)
“I review novels to make money, because it is easier for a sluggard to write an article a fortnight than a book a year, because the writer is soothed by the opiate of action, the crank by posing as a good journalist, and having an airhole. I dislike it. I do it and I am always resolving to give it up.”
—Cyril Connolly (1903–1974)
“It is odd that the NCAA would place a school on probation for driving an athlete to class, or providing a loan, but would have no penalty for a school that violates Title IX, a federal law.”
—Cardiss L. Collins (b. 1931)