Alj Final Orders on Appeal: Balancing Independence with Accountability

FSU College of Law Working Paper 99-03

17 Pages Posted: 16 Dec 1999

See all articles by Jim Rossi

Jim Rossi

Vanderbilt University - Law School

Date Written: September 29, 1999

Abstract

This essay addresses how ALJ final order authority in many state systems of administrative governance (among them Florida, Louisiana, Missouri, and South Carolina) poses a tension between independence and accountability. It is argued that political accountability is sacrificed where reviewing courts defer to ALJ final orders on issues of law and policy. Standards of review provide state courts with a way of restoring the balance between independence and accountability, but reviewing courts should heighten the deference they give to the agency's legal and policy positions -- giving little or no deference to the ALJ on these issues -- even where the ALJ's decision had final status.

Suggested Citation

Rossi, Jim, Alj Final Orders on Appeal: Balancing Independence with Accountability (September 29, 1999). FSU College of Law Working Paper 99-03, Available at SSRN: https://ssrn.com/abstract=193410 or http://dx.doi.org/10.2139/ssrn.193410

Jim Rossi (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Ave S
Nashville, TN 37203-5724
United States
6153436620 (Phone)

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