Section 1-6 Administrative Law Judges.



       (a)  An administrative law judge shall:

 

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

                                           (2) be admitted to practice law [in the State] [for a minimum of five years];

                                           (3)  be subject to the requirements and protections of [e.g., classified service of State employment and the State ethics code];

                                           (4)  be removed, suspended, demoted, or subject to disciplinary or adverse actions including, any action that might later influence a reduction in force, only for good cause, after notice and an opportunity to be heard in an Administrative Procedure Act or other statutory-type hearing and a finding of good cause by an impartial hearing officer;

                                           (5)  be subject to a reduction in force only in accordance with established, objective civil service or merit system procedures;

                                           (6)  receive compensation provided in the State budget [receive a salary in the same amount as that provided by law for a (________) court judge];

                                           (7)  not perform duties inconsistent with the duties and responsibilities of an administrative law judge;

                                           (8)  devote full time to the duties of the position and [shall not engage in the practice of law unless serving as a part-time administrative law judge];

                                           (9)  be subject to administrative supervision by the chief administrative law judge; and

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

 

       (b)  An administrative law judge shall not be responsible to or subject to the supervision, direction or direct or indirect influence of an officer, employee, or agent engaged in the performance of investigatory, prosecutory, or advisory functions for an agency. 

 

 

Section 1-7 Cooperation of State Government Agencies; Audits; Selection of Judges.     

       (a)  All agencies of State government shall cooperate with the chief administrative law judge in the discharge of the duties of the Office.

 

       (b)  The Office shall be subject to audit by [the legislative audit office under the same rules and rotation by which other State agencies are audited].

 

       (c)   Except in arbitration or similar proceedings as provided by law or in this subtitle or in regulations adopted under this subtitle, an agency may not select or reject a particular administrative law judge for a particular proceeding.

 

Section 1-8 Designation of Administrative Law Judges.

 

       If the Office is unable to assign an administrative law judge in response to an agency referral, the chief administrative law judge shall designate in writing an individual to serve as an administrative law judge in a particular proceeding before the agency [if the individual meets the qualifications for an administrative law judge established by the Office and is subject to the Code of Judicial Conduct].

Section 1-9 Powers of Administrative Law Judges.

       An administrative law judge shall have the power to: (1) issue subpoenas; (2) administer oaths; (3) control the course of the proceedings; (4) engage in or encourage the use of alternative dispute resolution methodologies as appropriate; and (5) order a party, a party's attorney, or other authorized representative, to pay reasonable expenses, including attorney's fees, incurred by another party as a result of bad faith actions or tactics that are frivolous or solely intended to cause unnecessary delay, (6) perform other necessary and appropriate acts in the performance of duties.

Section 1-10 Decision-making Authority.

       (a)  The assigned administrative law judge shall render the final decision of the agency not subject to agency review, in all hearings for the following agencies:

 

                   (1)  [Name of Agency];

                   (2)  [Name of Agency]; and

                   (3)  [Name of Agency].

 

       (b)  Except as provided by law, the administrative law judge shall issue a proposed [initial, recommended] decision unless the agency authorizes the issuance of a final decision, as provided in the Administrative Procedure Act..

 

       (c)   Where a matter is referred to the Office by an agency, the referring agency shall take no further adjudicatory action with respect to the proceeding, except as a party litigant, as long as the Office has jurisdiction over the proceeding. [Nothing in this subsection shall be construed to prevent an appropriate interlocutory review by the agency nor an appropriate termination or modification of the proceeding by the agency.]

 


Section 1-11 Proposed Decisions and Orders.

       In reviewing a proposed (initial, recommended) decision or order received from the administrative law judge, the agency head or governing body of the agency shall not modify, reverse or remand the proposed decision of the administrative law judge except for specified reasons in accordance with law. Judicial review of agency decisions shall occur in accordance with the Administrative Procedure Act [or other specific statutory provision].

 

 

OPTIONAL

 


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