Research Report on Federal Agency ALJ Hiring after Lucia and Executive Order 13843

Abstract

This report examines federal agency hiring practices for administrative law judges ("ALJs"), who preside over formal agency hearings, in light of the Supreme Court's determination that ALJs are constitutional officers and President Trump's executive order to exempt ALJs from certain statutory competitive-service hiring requirements. The report also provides recommendations for best agency hiring practices. Professors Jack Beermann and Jennifer Mascott co-authored the first draft of this report dated March 28, 2019, which was presented to ACUS's Committee on Administration and Management and Committee on Adjudication. Subsequent revisions appearing in the May 19th version were made by Professor Beermann after Professor Mascott started a period of leave for government service in April 2019.

Keywords: Administrative Law Judges, Agency Hearings, Adjudication, Article II, Appointments Clause, Competitive Service, Agency Adjudication, Formal Agency Hearings, Due Process, Civil Service, Formal Hearings