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The United States Supreme Court has recognized that the role of a federal administrative law judge is "functionally comparable" to that of an Article III judge. An ALJ's powers are often, if not generally, comparable to those of a trial judge: an ALJ may issue subpoenas, rule on proffers of evidence, regulate the course of the hearing, and make ...
The Environmental Control Board (ECB) is composed of thirteen members: the chairperson is the OATH Chief Administrative Law Judge (ALJ), six are commissioners of city agencies, six are citizens who are experts in the fields of water pollution control, business, real estate and noise but includes two general citizen representatives. [7]
Justice Thomas also wrote a concurring opinion, joined by Gorsuch. The decision is expected to allow any entity with a pending case before an SEC ALJ to request a new ruling, but the ruling was crafted as to prevent completed cases from being reopened; it is unknown if this case would apply to cases open at other agencies besides the SEC. [13]
The right of appeal is generally limited to a review of the record of the proceedings before the administrative law judge; that is, if a party appeals the final decision of an administrative law judge to a Maryland circuit court, the court will decide the case based on the evidence that was brought before the administrative law judge, or may ...
In addition, administrative law judges (ALJ) of the OAL hold trial-type hearings involving state agencies and the enforcement of agency regulations. [ 2 ] [ 3 ] OAL hearings are held in Newark , [ 4 ] Atlantic City , [ 5 ] and the Trenton area ( Mercerville, Hamilton Township ). [ 6 ]
Section 551 of the Administrative Procedure Act gives the following definitions: . Rulemaking is "an agency process for formulating, amending, or repealing a rule." A rule in turn is "the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy."
The appellate court cannot refuse to listen to the appeal. An appeal "by leave" or "permission" requires the appellant to obtain leave to appeal; in such a situation either or both of the lower court and the court may have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision.
Administrative appeals are made to the DMV Motor Vehicle Appeals Board. [4] There is a fee of $10 for the appeal and $50 for the transcript that must be ordered. [ 2 ] [ 5 ] Judicial review of the appeal is made under article 78 of the Civil Practice Law and Rules , [ 6 ] [ 7 ] which is equivalent to a writ or order of certiorari , mandamus and ...