Legal Definitions - ALJ

An Administrative Law Judge (ALJ) is a person who acts as a judge in an administrative hearing. They are independent and neutral, and they have the power to make decisions based on the evidence presented to them. ALJs are appointed to investigate and report facts, sometimes with recommendations to an administrative or quasi-judicial agency or tribunal.

During a hearing, the ALJ has the power to:

• Administer oaths
• Receive evidence
• Take testimony
• Make initial findings of fact or law

The ALJ's findings are subject to review and modification by agency heads. This means that the agency head can change the decision made by the ALJ if they believe it is necessary.

The status of the ALJ is defined by the Administrative Procedure Act (APA). The APA requires that ALJs preside over hearings during formal adjudication proceedings. ALJs can also preside over hearings during informal adjudication.

Examples of situations where an ALJ might be used include:

• A dispute between an employee and their employer over workers' compensation
• A hearing to determine whether a person is eligible for disability benefits
• A hearing to determine whether a company has violated environmental regulations

In each of these examples, the ALJ would listen to the evidence presented by both sides and make a decision based on that evidence. Their decision would be subject to review by the agency head, who could modify it if necessary.