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 and, authority, review and/or federal:
“Authority and power are two different things: power is the force by means of which you can oblige others to obey you. Authority is the right to direct and command, to be listened to or obeyed by others. Authority requests power. Power without authority is tyranny.”
—Jacques Maritain (1882–1973)
“Freedom of conscience entails more dangers than authority and despotism.”
—Michel Foucault (1926–1984)
“As I review my life, I feel I must have missed the point, either then or now.”
—Mason Cooley (b. 1927)
“There are always those who are willing to surrender local self-government and turn over their affairs to some national authority in exchange for a payment of money out of the Federal Treasury. Whenever they find some abuse needs correction in their neighborhood, instead of applying the remedy themselves they seek to have a tribunal sent on from Washington to discharge their duties for them, regardless of the fact that in accepting such supervision they are bartering away their freedom.”
—Calvin Coolidge (1872–1933)