Many cases over which administrative law judges, administrative judges, and other agency hearing officers preside do not involve broad regulatory issues and are often appropriately resolved by settlement. Following in the footsteps of several innovative federal judges,1 some administrative agencies have begun to provide additional mechanisms for resolving these cases....
Hearing Officers (Recommendations)
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- Recommendation number: 88-5
- Adopted on: June 10, 1988
- Tags: Adjudication, Administrative Law Judges (ALJs), Confidentiality, Dispute Resolution, Hearing Officers, Mediation, Settlements
- Recommendation number: 78-2
- Adopted on: June 9, 1978
- Tags: Adjudication, Administrative Law Judges (ALJs), Disability, Hearing Officers, Social Security
For at least two decades the Social Security Administration’s hearings and appeals processes, particularly those for determining disability claims which account for 90 percent of all hearings, have been the subject of study, debate, and critical comment. Suggestions for improvement of these processes abound. It has been proposed that social security hearings be exempted from the formal hearing...
- Recommendation number: 74-1
- Adopted on: May 31, 1974
- Tags: Adjudication, Administrative Procedure Act (APA), Formal Adjudication, Formal Rulemaking, Hearing Officers, Rulemaking, Subpoena (Subpena)
The present recommendation implements, and somewhat expands, the statement of principle adopted by the Conference in June 1973 with respect to the American Bar Association’s Resolution No. 10 concerning proposed amendments to the Administrative Procedure Act. It speaks only to the issue of subpena authority in formal proceedings under the Administrative Procedure Act, and...
- Recommendation number: 72-8
- Adopted on: December 15, 1972
- Tags: Adjudication, Appeals, Ex Parte Communications, Federal Employees, Hearing Officers, Hearings
A critical part of the mission of the Administrative Conference is to study the processes of government to assure the full protection of the rights of private citizens, including the rights of federal employees. At the same time, the Conference is equally concerned about assisting government agencies to devise and implement efficient administrative procedures that will facilitate...
- Recommendation number: 70-4
- Adopted on: June 3, 1970
- Tags: Adjudication, Discovery, Hearing Officers, Hearings, Protective Orders
Prehearing discovery in agency adjudication insures that the parties to the proceeding have access to all relevant, unprivileged information prior to the hearing. Its primary objectives include the more expeditious conduct of the hearing itself, the encouragement of settlement between the parties, and greater fairness in adjudication. Agencies that conduct adjudicatory...
- Recommendation number: 69-9
- Adopted on: October 22, 1969
- Tags: Adjudication, Administrative Law Judges (ALJs), Federal Employees, Hearing Officers
Recommendation
A. Recruitment and Selection of Hearing Examiners
1. The Civil Service Commission should enlarge the base of recruitment and the number of qualified candidates available for appointment to hearing examiner positions by recognizing trial experience as one basis for qualification.
2. The Civil Service Commission should depart experimentally...