Federal Appointment and Tenure
The Administrative Procedure Act of 1946 (APA) requires that federal ALJs be appointed based on scores achieved in a comprehensive testing procedure, including a four-hour written examination and an oral examination before a panel that includes an OPM (Office of Personnel Management) representative, American Bar Association representative, and a sitting federal ALJ. Federal ALJs are the only merit-based judicial corps in the United States.
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.
ALJs are generally considered to be part of the executive branch, not the judicial branch, but the APA is designed to guarantee the decisional independence of ALJs. They have absolute immunity from liability for their judicial acts and are triers of fact "insulated from political influence". Federal administrative law judges are not responsible to, or subject to the supervision or direction of employees or agents of the federal agency engaged in the performance of investigative or prosecution functions for the agency. Ex parte communications are prohibited. ALJs are exempt from performance ratings, evaluation, and bonuses. Agency officials may not interfere with their decision making and administrative law judges may be discharged only for good cause based upon a complaint filed by the agency with the Merit Systems Protection Board established and determined after an APA hearing on the record before an MSPB ALJ. Only ALJs receive these statutory protections; "hearing officers" or "trial examiners", with delegated hearing functions, are not similarly protected by the APA.
Read more about this topic: Administrative Law Judge
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