Section 1-5          Chief Administrative Law Judge - Powers and Duties.



MODEL ACT

CREATING A

STATE CENTRAL HEARING AGENCY

(OFFICE OF ADMINISTRATIVE COURTS)

 

 

AN ACT concerning

 

Office of Administrative Courts

 

FOR the purpose of establishing an Office of Administrative Courts as an independent agency in the Executive Branch in order to provide a source of independent administrative law judges to preside in contested cases; providing for the appointment of a chief administrative law judge; establishing the chief administrative law judge's qualifications, compensation, powers, and duties . . . [other purposes]

 

Section 1. BE IT ENACTED BY THE [NAME OF LEGISLATIVE BODY], That the Laws of [STATE] read as follows:

 

Article - State Government

 

Subtitle [ ]. Office of Administrative Courts

 

Part I. Office of Administrative Courts

 

Section 1-1 Scope of Subtitle.

 

       (a) Exceptions - - This subtitle does not apply to:

 

                                           (1) an agency of the Legislative Branch of the State government;

                                           (2) an agency of the Judicial Branch of the State government; or

                                           (3)  the following agencies of the Executive Branch of the State government:

 


(i) the Governor;

                                           (ii) [exception]; and

                                           (iii) [exception]

 

       (b)  except as provided in paragraphs (1), (2), and (3) of subsection (a) of this section, this subtitle shall apply to each agency that employs or engages one or more hearing officers or administrative law judges, either full or part-time, to adjudicate contested cases unless the agency has been exempted by the Governor under subsection (c) of this section. 

 

       (c)   until one year from the effective date of this statute the Governor temporarily may exempt an agency from this subtitle.

 

Section 1-2 Establishment and Appointment of Administrative Law Judges

 

       (a)  The Office of Administrative Courts is created as an independent agency in the Executive Branch of State Government for the purpose of separating the adjudicatory function from the investigatory, prosecution and policy-making functions of agencies in the Executive Branch. Administrative law judges shall be selected and appointed [by the Governor upon screening and recommendation of a judicial nominating commission] [through competitive examination in the classified service of state employment] [by the chief administrative law judge].

 

       (b)  The hearing officers and administrative law judges of the agencies to which this subtitle applies shall become employees of the Office of Administrative Courts. [The grandfathered hearing officers and administrative law judges are exempt from the qualifications contained in Section 1-6(a)(2).]

Section 1-3 Responsibility.

       (a)  Except as provided herein, the Office shall administer the resolution of all contested cases [unless the agency head or governing body of any agency hears the case without delegation or assignment to a hearing officer or administrative law judge].

 

       (b)  Upon referral by an agency, one or more administrative law judges shall administer the resolution of the matters referred. 

 

Section 1-4 Chief Administrative Law Judge - In general.

 

       (a)  The Office is headed by a chief administrative law judge [appointed by the Governor with advice and consent of the Senate for a term of ( ) years], [through competitive examination in the classified service of state employment] who may be removed only for good cause following notice, and an opportunity for an adjudicative hearing and shall continue in office until a successor is appointed.

 

       (b)  The chief administrative law judge shall:

 

                                           (1)  take an oath of office as required by law prior to the

                               commencement of duties;

                                           (2)  devote full time to the duties of the Office and shall not engage in the practice of law;

                                           (3)  be eligible for reappointment;

                                           (4)  receive the salary provided in the state budget [receive a salary in the same amount as that provided by law for a {  } court judge];

                                           (5)  be licensed to practice law in the State and admitted to practice for a minimum of five years;

                                           (6) have the powers and duties specified in this subtitle; and

                                           (7)  be subject to the code of conduct for administrative law judges.

       (c)   The chief administrative law judge may employ a staff in accordance with the State budget.

 

Section 1-5          Chief Administrative Law Judge - Powers and Duties.

 

                               (a) The chief administrative law judge shall:

 

                                           (1)  supervise the Office of Administrative Hearings;

(2)  [appoint and remove administrative law judges in accordance with this subtitle (the other option is for the Governor to appoint through a judicial nominating commission as provided by Section 1-2)];

                                           (3) assign administrative law judges in any case referred to the Office;

                                           (4) protect and ensure the decisional independence of each administrative law judge;

                                           (5)  establish and implement standards and specialized training programs and provide materials for administrative law judges;

                                           (6) provide and coordinate continuing education programs and services for administrative law judges, including research, technical assistance, technical and professional publications, compile and disseminate information, and advise of changes in the law relative to their duties;

                                           (7) adopt rules to implement this subtitle through rulemaking proceedings in accordance with the Administrative Procedure Act or other law.

                                           (8) adopt a code of conduct for administrative law judges;

                                           (9) monitor the quality of state administrative hearings through the provision of training, observation, feedback and, when necessary, discipline of ALJs who do not meet appropriate standards of conduct and competence, subject to the provisions of Section 1-6(a)(4) below;

                                           (10) submit an annual report on the activities of the Office to the Governor and to the [Legislature].

                                           (11) [cooperate and assist the State Advisory Council in the discharge of its duties pursuant to Sections 1-12 through 1-14 of this Act.]

 

       (b)  The chief administrative law judge may:

 

                                           (1) serve as an administrative law judge in a contested case;

                                           (2)  [establish qualifications for the selection of administrative law judges];

                                           (3)  furnish administrative law judges on a contractual basis to governmental entities other than those required to use their services;

                                           (4) accept and expend funds, grants, bequests and services, which are related to the purpose of the Office, from any public or private source;

                                           (5) enter into agreements and contracts with any public or private agencies or educational institutions;

                                           (6)  [create specialized subject matter divisions within the Office.]

 

 


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