Recommendation 2019-2 – Agency Recruitment and Selection of Administrative Law Judges addresses the processes and procedures agencies should establish for exercising their authority under Executive Order 13843 (2018) to hire administrative law judges (ALJs). It encourages agencies to advertise ALJ positions in order to reach a wide pool of applicants, to publish minimum qualifications and selection criteria for ALJ hiring, and to develop policies for the review of ALJ applications.
Citation: Admin. Conf. of the U.S., Recommendation 2019-2, Agency Recruitment and Selection of Administrative Law Judges, 84 Fed. Reg. 38930 (Aug. 8, 2019).
The Administrative Procedure Act (APA) requires that hearings conducted under its main adjudication provisions[1] (sometimes known as “formal” hearings) be presided over by the agency itself, by “one or more members of the body which comprises the agency,” or by “one or more administrative law judges [(ALJs)] appointed under” 5 U.S.C. § 3105.[2] Section 3105, in turn, authorizes “[e]ach agency” to “appoint as many [ALJs] as are...
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