Administrative Procedure, Hearings, and ALJs, Generally

Selected Provisions of the Administrative Procedure Act, and other sections of Title 5 of the United States Code

CHAPTER 5 - ADMINISTRATIVE PROCEDURE

SUBCHAPTER I—GENERAL PROVISIONS

500. Administrative practice; general provisions.
501. Advertising practice; restrictions.
502. Administrative practice; Reserves and National Guardsmen.
503. Witness fees and allowances.
504. Costs and fees of parties.

SUBCHAPTER II—ADMINISTRATIVE PROCEDURE

551. Definitions.
552. Public information; agency rules, opinions, orders, records, and proceedings.
552a. Records about individuals.
552b. Open meetings.
553. Rule making.
554. Adjudications.
555. Ancillary matters.
556. Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision.
557. Initial decisions; conclusiveness; review by agency; submissions by parties; contents of decisions; record.
558. Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses.
559. Effect on other laws; effect of subsequent statute.

SUBCHAPTER IV—ALTERNATIVE MEANS OF DISPUTE RESOLUTION IN THE ADMINISTRATIVE PROCESS

571. Definitions.
572. General authority.
573. Neutrals.
574. Confidentiality.
575. Authorization of arbitration.
576. Enforcement of arbitration agreements.
577. Arbitrators.
578. Authority of the arbitrator.
579. Arbitration proceedings.
580. Arbitration awards.
581. Judicial review.
[582. Repealed.]
583. Support services.
584. Authorization of appropriations.

CHAPTER 7—JUDICIAL REVIEW

701. Application; definitions.
702. Right of review.
703. Form and venue of proceeding.
704. Actions reviewable.
705. Relief pending review.
706. Scope of review.

MISCELLANEOUS PROVISIONS RELATING TO ADMINISTRATIVE LAW JUDGES

§ 1215. Disciplinary action.
§ 1305. Administrative law judges.
§ 3105. Appointment of administrative law judges.
§ 3323. Automatic separations; reappointment; reemployment of annuitants.
§ 3344. Details; administrative law judges.
§ 4301. Definitions.
§ 5372. Administrative law judges.
§ 7521. Actions against administrative law judges.

Selected Texts and Caselaw

GENERAL WORKS

• U.S. Dept. of Justice, Legislative History of the APA
• Morell E. Mullins, Manual for Administrative Law Judges, 23 J. Nat’l Ass’n Admin. L. Judges (2004)
• OALJ Proactive Disclosures Page - Appointments Clause
• Office of Personnel Management, Administrative Law Judges (overview)
• Office of Personnel Management, Appointment, Pay, and Removal of Administrative Law Judges, 5 CFR Part 930, Subpart B (regulations)

ALJ AND GOVERNMENT ATTORNEY IMMUNITY; WITNESS LITIGATION PRIVILEGE

• Day v. Johns Hopkins Health Sys. Corp., 907 F.3d 766 (4th Cir. Oct. 26, 2018) (witness litigation privilege)
• Bernstein v. Dunlop, No. 13-cv-01563 (N.D. Cal. July 8, 2013) (2013 U.S. Dist. LEXIS 188800), adopted 2013 U.S. Dist. LEXIS 188798 (N.D. Cal. July 26, 2013), appeal dismissed, Leon v. Dunlop, No. 13-17650 (9th Cir. May 16, 2014), cert. denied No. 14-5721 (U.S. Aug. 11, 2014) (ALJ immunity)
• Marshall v. Purcell, No. 12-cv-84 (S.D. S.C. Dec. 11, 2012) (2012 U.S. Dist. LEXIS 174979; 2012 WL 6139379), aff'd 521 Fed. Appx. 200, 2013 U.S. App. LEXIS 10672, 2013 WL 2303394 (4th Cir. May 28, 2013) (ALJ immunity for judicial acts)
• Butz v. Economou, 438 U.S. 478 (1978) (Hearing examiners, ALJs, and agency officials responsible for initiating or continuing a proceeding subject to agency adjudication, and agency attorneys who arranged for the presentation of evidence on the record are absolutely immune from suits)
• Tyler v. USDOL, No. 00-2163(GK) (D.D.C. Feb. 1, 2001) (ALJ immunity)
• Olsen v. Herman, No. 00-3165 (N.D. Cal. Oct. 31, 2001) (immunity of Chief Administrative Appeals Judge of the BRB, Chief ALJ, presiding ALJ; District Director; suit against Federal official acting in official capacity is deemed a suit against the U.S.; sovereign immunity)
• Saunders v. Bush, 15 F.3d 64 (5th Cir. Feb. 28, 1994) (Dismissal of malicious prosecution and FTCA cases; immunity of Regional Solicitor and SOL trial attorney)
• Crist v. USDOL, 578 F. Supp. 405 (S.D. N.Y. Feb. 8, 1984) (claim for damages; sovereign immunity and ALJ immunity)

PRIVACY ACT

Systems of Records - Routine Use Notices

• All Department of Labor Systems
• DOL/OALJ-1--Office of Administrative Law Judges Case Tracking System
• DOL/OALJ-2--Office of Administrative Law Judges Case Files

Social Security Numbers on Notices of Hearing

• Doe v. Chao, U.S., 540 U.S. 614 (U.S. Feb. 24, 2004) (some actual damages for violation of Privacy Act need to be shown to be entitled to statutory minimum)

NAMES OF PARTIES IN DECISIONS

• National Association of Waterfront Employers v. Solis, 665 F. Supp. 2d 10, 2009 U.S. Dist. LEXIS 99817 (D.D.C. Oct. 27, 2009) (enjoining OALJ policy to use initials rather than full names of claimants in final decisions in black lung and longshore cases)
• National Association of Waterfront Employers v. Chao, 587 F. Supp. 2d 90, 2008 U.S. Dist. LEXIS 92722 (D.D.C. Nov. 13, 2008) (OALJ policy to use initials rather than full names of claimants in final decisions in black lung and longshore cases)