Appellate review in executive departments and agencies

Article Abstract:

An analysis of the appellate structures of 11 federal executive departments and agencies indicates high-level political appointees should participate minimally in reviews and the judicial officer (JO) system should be used whenever appropriate. Agencies such as the EPA, Postal Service, Social Security, and cabinet departments, are best served by discretionary political review, since widespread political influence could be damaging. The JO system is preferable to review boards for cost and efficiency reasons, although boards are useful for complex or large caseloads.

Laws, regulations and rules, Administrative procedure, Judicial review of administrative acts, Administrative remedies

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Management of ALJ offices in executive departments and agencies

Article Abstract:

Their are a variety of management structures that can be used in administrative law judges' (ALJ) offices that comply with the Administrative Procedure Act, each offering different benefits. It is usually preferable to have a Chief ALJ, to insulate other ALJs from having to deal directly with non ALJs. Sometimes, such as in a small office, it is better to use a non-ALJ administrator, as long as the administrator is not a political appointee.

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Federal administrative law judges: the relevance of past choices to future decisions

Article Abstract:

Administrative law judges have seen their caseloads change from predominately regulatory oriented proceedings to benefit oriented. The decisionmaking model Congress placed in the Administrative Procedures Act could be altered to structure the administrative adjudicatory process to meet the rise in benefits cases. Overall, the selection and performance evaluation processes regarding administrative law judges is sound.

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