Research Report on Federal Agency ALJ Hiring after Lucia and Executive Order 13843

56 Pages Posted: 27 Mar 2021 Last revised: 12 Aug 2022

See all articles by Jack Michael Beermann

Jack Michael Beermann

Boston University School of Law

Jennifer Mascott

George Mason University - Antonin Scalia Law School

Date Written: May 29, 2019

Abstract

This report examines federal agency hiring practices for administrative law judges ("ALJs"), who preside over formal agency hearings, in light of the Supreme Court's determination that ALJs are constitutional officers and President Trump's executive order to exempt ALJs from certain statutory competitive-service hiring requirements. The report also provides recommendations for best agency hiring practices. Professors Jack Beermann and Jennifer Mascott co-authored the first draft of this report dated March 28, 2019, which was presented to ACUS's Committee on Administration and Management and Committee on Adjudication. Subsequent revisions appearing in the May 19th version were made by Professor Beermann after Professor Mascott started a period of leave for government service in April 2019.

Keywords: Administrative Law Judges, Agency Hearings, Adjudication, Article II, Appointments Clause, Competitive Service, Agency Adjudication, Formal Agency Hearings, Due Process, Civil Service, Formal Hearings

Suggested Citation

Beermann, Jack Michael and Mascott, Jennifer, Research Report on Federal Agency ALJ Hiring after Lucia and Executive Order 13843 (May 29, 2019). George Mason Legal Studies Research Paper No. LS 19-19, Available at SSRN: https://ssrn.com/abstract=3788490 or http://dx.doi.org/10.2139/ssrn.3788490

Jack Michael Beermann

Boston University School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-2577 (Phone)
617-353-3110 (Fax)

Jennifer Mascott (Contact Author)

George Mason University - Antonin Scalia Law School ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States
(703) 993-8168 (Phone)

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
57
Abstract Views
420
Rank
659,215
PlumX Metrics