The position of Administrative Law Judge (ALJ), originally called hearing examiner, was created
by the Administrative Procedure Act of 1946, Public Law 79-404. The Act insures fairness and
due process in Federal agency rule making and adjudication proceedings. It provides those
parties whose affairs are controlled or regulated by agencies of the Federal Government an
opportunity for a formal hearing on the record before an impartial hearing officer. It also
provides for a merit selection system administered by the U.S. Office of Personnel Management
and statutory protection of the judge's decisional independence from undue agency influence.
For more information, visit the OPM
website.
Since administrative law judges are employees of the agency, Congress was concerned that they
may be perceived as being prone to making decisions in favor of that agency. Thus, the
Administrative Procedure Act includes provisions that give administrative law judges protections
from improper influences and ensure independence when conducting formal proceedings,
interpreting the law, and applying agency regulations in the course of administrative hearings.
Thus, administrative law judges are not subject to agency efficiency ratings, promotions or
demotions; their compensation is established by the Office of Personnel Management
independent of agency recommendations; they may only be disciplined after good cause is
shown before the Merit Systems Protection Board
