Home 
 1. Adjudication, Formal 
 2. Adjudication, Informal 
 3. Advice, Information 
 4. ADR 
 5. Agency Head 
 6. ALJ 
 7. Bias 
 8. Decisionmaking 
 9. Discretion 
 10. Due Process 
 11. Emergency Decisionmaking 
 12. Evidence 
 13. Hearing Alternatives and Types 
 14. Investigation 
 15. Judicial Review 
 16. Rulemaking 
6. ALJ
alj decision
The intermediate report or the preliminary decision is that of the ALJ in most cases.  Sometimes the agency will request that the ALJ forward the record without decision in some state systems.  In practice, the ALJ decision may be the last decision because the parties are unable to get the agency head to review or because the party has exhausted their time, patience, or money.
authority
The ALJ has full authority to run all aspects of the prehearing conference and the subsequent formal adjudication hearing.  The ALJ has the responsibility to make a full record, to rule on all motions, and usually had the duty to make the first level decision based upon that record.
central panel
Central panel procedures involve an effort to attempt to eliminate possible bias and to promote efficiency.  In this system, the ALJ is employed by an ALJ "agency" that assigns the ALJ to the particular agencies as they may be needed.  This contrasts with systems where the ALJ is an employee of the agency that makes the final decision and where the ALJ may be subject to the same pressures as any other employee.  Several states use one form or another of the central panel process but most do not.  Central panel systems seek to minimize the type of agency intrusion into ALJ decisionmaking that may have been present in the "Belmon" review of social security ALJs.
disqualification
The ALJ may be disqualified for reasons similar to those disqualifying a judicial judge.  The motion must be raised at the hearing and the ALJ will rule on it.  The ALJ decision does not disqualify him or her and often will not be immediately subject to appeal and the hearing will go on. The agency head will review the ruling later.  Prior involvement as in the same matter or bias will often be the basis for a motion to disqualify.
ex parte communication
Legislation usually seeks to limit or prevent ex parte communication with the ALJ. Communication with the ALJ should take place after notice to the other parties so all parties have a chance to be present.
full and fair hearing
The ALJ may be under a statutory or judicial obligation to provide a full and fair hearing.  This obligation may be at its maximum when the nongovernmental party is not represented by a lawyer.  The goal is to bring forth every issue necessary for a complete record on all issues. The ALJ may have to question witnesses and urge the introduction of necessary evidence if the unrepresented, nongovernmental party does not seem capable.  There is rarely a right to appointed counsel in agency proceedings.  Federal social security benefits hearings are an example of situations which may invoke the full and fair hearing requirement.
prehearing conference
The ALJ will be primarily responsible for the conduct of the prehearing conference in the adjudication context.  Often agency rules will prescribe in detail the nature of the prehearing conference.
review by agency
The ALJ decision is likely to be sent to the agency head for final decisionmaking, although some agency rules may provide that the agency grant permission before it will be considered. On review, the agency head has the full power to substitute his or her judgment for that of the ALJ on all issues of law, fact, and credibility.  The only exception will be that since the agency did not see the witnesses, the agency is not in a position to make demeanor credibility determinations.
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