Administrative Law Judge

Procedure for reviewing an ALJ's decision varies depending on the administrative agency. Agencies generally have an internal appellate body. Moreover, after the internal agency appeals have been exhausted, a party may have the right to file an appeal in the courts.

Federal ALJ's are appointed under the Administrative Procedure Act (APA). The Act provides them protection from the agencies which appear as parties before them. Only, ALJ's receive these protections. Some agencies conduct hearings before individuals referred to as "hearing examiners," "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 , do not serve for life, and can be fired or subjected to a pay cut at any time.

The powers and prestige of ALJs vary widely from agency to agency. In some agencies, ALJs dress like Lawyer s in Business Suits , share offices, and hold hearings in ordinary conference rooms. In other agencies, ALJs wear robes like Article III Judge s, insist on being called "Honorable," work in private chambers, hold hearings in special "hearing rooms" that look like little Courtroom s, and have court clerks who swear in witnesses.

# 5 U.S.C. § 556

FEDERAL AGENCIES AND DEPARTMENTS THAT HAVE ADMINISTRATIVE LAW JUDGE