Non-ALJ Adjudicators in Federal Agencies: Status, Selection, Oversight, and Removal

Kent Barnett & Russell Wheeler, 53 Ga. L. Rev. 1-127 (2019)

University of Georgia School of Law Legal Studies Research Paper No. 2019-07

129 Pages Posted: 25 Jan 2019 Last revised: 29 Jan 2019

See all articles by Kent H. Barnett

Kent H. Barnett

University of Georgia School of Law

Date Written: January 21, 2019

Abstract

This article republishes—in substantively similar form—our 2018 report to the Administrative Conference of the United States (ACUS) concerning federal agencies’ adjudicators who are not administrative law judges (ALJs). (We refer to these adjudicators as “non-ALJ Adjudicators” or “non-ALJs.”) As our data indicate, non-ALJs significantly outnumber ALJs. Yet non-ALJs are often overlooked and difficult to discuss as a class because of their disparate titles and characteristics. To obtain more information on non-ALJs, we surveyed agencies on non-ALJs’ hearings and, among other things, the characteristics concerning non-ALJs’ salaries, selection, oversight, and removal. We first present our reported data on these matters, which are the most comprehensive data to date on the non-ALJs’ indicia of impartiality. We then provide suggested practices for agencies to promote non-ALJs’ actual and apparent impartiality in presiding over agency hearings.

Keywords: administrative judges, administrative law, administrative law judges, adjudication, hearing officer, impartiality, partiality, due process

Suggested Citation

Barnett, Kent Harris, Non-ALJ Adjudicators in Federal Agencies: Status, Selection, Oversight, and Removal (January 21, 2019). Kent Barnett & Russell Wheeler, 53 Ga. L. Rev. 1-127 (2019); University of Georgia School of Law Legal Studies Research Paper No. 2019-07. Available at SSRN: https://ssrn.com/abstract=3320043

Kent Harris Barnett (Contact Author)

University of Georgia School of Law ( email )

225 Herty Drive
Athens, GA 30602
United States

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