Executive control of agencies: Organization of state administrative law judges (2020)

This survey is part of a series of 50-state surveys examining the five pillars key to understanding the administrative state |
Administrative State |
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Five Pillars of the Administrative State |
•Agency control • Executive control • Judicial control •Legislative control • Public Control |
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Disclaimer:
The research presented on this page was completed in 2020. It has not been regularly updated since its completion. This page is likely outdated and may be incomplete.
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This page contains information from a Ballotpedia survey about which state constitutions or administrative procedure acts made administrative law judges (ALJs) accountable to a chief ALJ and which ones made ALJs agency employees as of 2020.
Looking at how states organized their administrative law judges (ALJs) and other hearing officers provided insight into how executive control of agencies worked at the state level. Executive control is one of the five pillars key to understanding the main areas of debate about the nature and scope of the administrative state.
In some cases, the constitution and APA did not mention whether those listed officials were accountable to a chief ALJ or were agency employees. This page indicates which states did not answer the question in those documents.
According to the BP survey, more states made ALJs and hearing officers accountable to a chief ALJ or another officer than made them employees of various state agencies.
This page features the following sections:
- Background
- Summary of findings
- Table showing which states had APA or constitutional provisions that made Administrative Law Judges (ALJs) accountable to a chief ALJ or made ALJs agency employees
- Text of state APA provisions that made ALJs accountable to a chief ALJ
- Text of state APA provisions that made ALJs agency employees
- Text of state APA provisions that made ALJs accountable to an officer other than a chief ALJ
Background
Ballotpedia conducted a survey of all 50 state constitutions and administrative procedure acts (APAs) to learn whether ALJs and other hearing officers were accountable to chief ALJs or were employees of agencies. In theory, ALJs and hearing officers who are accountable to a chief ALJ will have more independence than those who are employees of the same agency for which they resolve contested cases.
A state ALJ or hearing officer oversees agency adjudication of contested cases. These officers resolve disputes and make sure the agency and those with business before the agency follow proper procedures.
Adjudication procedures varied from state to state. This page covers the organization of any officer who presided over agency hearings. Most states called those officers ALJs or hearing officers, but the survey found and included states that called such officers hearing examiners, presiding officers, or other similar names.
State administrative procedure acts (APAs) govern procedures for state administrative agencies to propose and issue regulations, adjudicate disputes, and provide for judicial review of agency decisions. Many state APAs were modeled on the federal APA, which governs the administrative processes of federal executive branch agencies. Text of all 50 state APAs is available here.
Summary of findings
Ballotpedia's survey of state constitutions and APAs produced the following key takeaways (as of March 2020):
- 31 states, 62%, did not specify in their constitutions or APAs whether ALJs were accountable to a chief ALJ or were agency employees.
- 10 states, 20%, had APAs that made ALJs accountable to a chief ALJ
- 6 states, 12%, had APAs that described ALJs as employees of various state agencies
- 4 states, Kansas, Louisiana, Tennessee, and Virginia, had APAs that made their ALJs accountable to a state officer other than a chief ALJ
- Maryland had an APA that allowed agencies to hear their own cases or to delegate hearing authority to ALJs accountable to a chief ALJ or to a person not accountable to the chief ALJ.
Which states had APA or constitutional provisions that made ALJs accountable to a chief ALJ or made ALJs agency employees
The table below includes each state in alphabetical order and indicates those with specific provisions in their constitutions or APAs that made ALJs accountable to a chief ALJ or made ALJs agency employees.
means that the state constitution or APA made ALJs accountable to a chief ALJ
means that the state constitution or APA made ALJs agency employees
means that the state constitution or APA made ALJs accountable to another state officer
means that the state constitution or APA did not mention whether ALJs are accountable to a chief ALJ or are agency employees
State | Constitutional provision about ALJ organization | State APA provision about ALJ organization | |
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Alabama | ![]() |
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Alaska | ![]() |
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Arizona | ![]() |
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Arkansas | ![]() |
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California | ![]() |
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Colorado | ![]() |
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Connecticut | ![]() |
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Delaware | ![]() |
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Florida | ![]() |
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Georgia | ![]() |
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Hawaii | ![]() |
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Idaho | ![]() |
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Illinois | ![]() |
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Indiana | ![]() |
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Iowa | ![]() |
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Kansas | ![]() |
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Kentucky | ![]() |
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Louisiana | ![]() |
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Maine | ![]() |
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Maryland | ![]() |
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Massachusetts | ![]() |
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Michigan | ![]() |
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Minnesota | ![]() |
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Mississippi | ![]() |
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Missouri | ![]() |
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Montana | ![]() |
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Nebraska | ![]() |
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Nevada | ![]() |
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New Hampshire | ![]() |
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New Jersey | ![]() |
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New Mexico | ![]() |
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New York | ![]() |
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North Carolina | ![]() |
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North Dakota | ![]() |
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Ohio | ![]() |
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Oklahoma | ![]() |
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Oregon | ![]() |
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Pennsylvania | ![]() |
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Rhode Island | ![]() |
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South Carolina | ![]() |
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South Dakota | ![]() |
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Tennessee | ![]() |
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Texas | ![]() |
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Utah | ![]() |
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Vermont | ![]() |
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Virginia | ![]() |
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Washington | ![]() |
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West Virginia | ![]() |
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Wisconsin | ![]() |
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Wyoming | ![]() |
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Notes: * - Maryland's APA indicates that ALJs and hearing officers may be accountable to the chief ALJ or employees of agencies. |
Text of state APA provisions that made ALJs accountable to a chief ALJ
This section contains text from state APAs that place ALJs under the authority of a chief ALJ.
Some sections display whole articles from a state APA while others only show relevant segments.
Arizona
- See also: Arizona Constitution and Arizona Administrative Procedure Act
Section 41-1092.01(C)(1) and (3) of the Arizona APA:
C. The director shall: ...
3. Subject to chapter 4, article 4 of this title, hire employees, including full-time administrative law judges, and contract for special services, including temporary administrative law judges, that are necessary to carry out this article.[1] |
California
Section 11370.2 of the California APA:
(a) There is in the Department of General Services the Office of Administrative Hearings which is under the direction and control of an executive officer who shall be known as the director.
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Florida
- See also: Florida Constitution and Florida Administrative Procedure Act
Section 120.65(1) and (4) of the Florida APA:
(1) The Division of Administrative Hearings within the Department of Management Services shall be headed by a director who shall be appointed by the Administration Commission and confirmed by the Senate. The director, who shall also serve as the chief administrative law judge, and any deputy chief administrative law judge must possess the same minimum qualifications as the administrative law judges employed by the division. ...
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Georgia
- See also: Georgia Constitution and Georgia Administrative Procedure Act
Section 50-13-40(b) and (e)(1) of the Georgia APA:
(b) The head of the office shall be the chief state administrative law judge who shall be appointed by the Governor, shall serve a term of six years, shall be eligible for reappointment, and may be removed by the Governor for cause.
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Maryland
- See also: Maryland Constitution and Maryland Administrative Procedure Act
Section 10-205(a)(1) of the Maryland APA:
(a) To whom delegated; limitation. --
(i) conduct the hearing; or (ii) delegate the authority to conduct the contested case hearing to: 1. the Office; or 2. with the prior written approval of the Chief Administrative Law Judge, a person not employed by the Office.[5] |
Minnesota
- See also: Minnesota Constitution and Minnesota Administrative Procedure Act
Section 14.48 of the Minnesota APA:
Subdivision 1. Creation. A state Office of Administrative Hearings is created.
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New Jersey
Section 52:14B-10(c) of the New Jersey APA:
(c) All hearings of a State agency required to be conducted as a contested case under this act or any other law shall be conducted by an administrative law judge assigned by the Director and Chief Administrative Law Judge of the Office of Administrative Law, except as provided by this amendatory and supplementary act.[7] |
North Carolina
Section 150B-32(a) of the North Carolina APA:
(a) The Director of the Office of Administrative Hearings shall assign himself or another administrative law judge to preside over a contested case.[8] |
Oregon
- See also: Oregon Constitution and Oregon Administrative Procedure Act
Section 183.610(2) of the Oregon APA:
(2) The chief administrative law judge shall employ administrative law judges. The chief administrative law judge shall ensure that administrative law judges employed for the office receive all training necessary to meet the standards required under the program created under ORS 183.680.[9] |
South Carolina
Section 1-23-570 of the South Carolina APA:
The Chief Judge of the Administrative Law Judge Division is responsible for the administration of the division, including budgetary matters, assignment of cases, and the administrative duties and responsibilities of the support staff. The chief judge shall assign judges of the division to hear all cases of the various state departments and commissions for which it is responsible on a general rotation and interchange basis by scheduling and assigning administrative law judges based upon subject matter no less frequently than every six months.[10] |
Text of state APA provisions that made ALJs agency employees
This section contains text from state APAs that indicate that ALJs are employees of various state agencies.
Some sections display whole articles from a state APA while others only show relevant segments.
Connecticut
Section 4-166(13) of the Connecticut APA:
(13) “Presiding officer” means the member of an agency or the hearing officer designated by the head of the agency to preside at the hearing;[11] |
Kentucky
- See also: Kentucky Constitution and Kentucky Administrative Procedure Act
Section 13B.030 of the Kentucky APA:
(2)(a) In securing hearing officers as necessary to conduct administrative hearings under the jurisdiction of the agency, an agency may:
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Maine
- See also: Maine Constitution and Maine Administrative Procedure Act
Section 9062(1) of the Maine APA:
1. Presiding officer. An agency may authorize any agency member, employee or agent to act as presiding officer in any hearing.[13] |
Maryland
- See also: Maryland Constitution and Maryland Administrative Procedure Act
Section 10-205(a)(1) of the Maryland APA:
(a) To whom delegated; limitation. --
(i) conduct the hearing; or (ii) delegate the authority to conduct the contested case hearing to: 1. the Office; or 2. with the prior written approval of the Chief Administrative Law Judge, a person not employed by the Office.[5] |
Michigan
- See also: Michigan Constitution and Michigan Administrative Procedure Act
Section 24.279 of the Michigan APA:
Sec. 79. An agency, 1 or more members of the agency, a person designated by statute or 1 or more hearing officers designated and authorized by the agency to handle contested cases, shall be presiding officers in contested cases.[14] |
Wisconsin
- See also: Wisconsin Constitution and Wisconsin Administrative Procedure Act
Section 227.46(1) and (5) of the Wisconsin APA:
(1) Except as provided under s. 227.43 (1), an agency may designate an official of the agency or an employee on its staff or borrowed from another agency under s. 20.901 or 230.047 as a hearing examiner to preside over any contested case.
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Text of state APA provisions that made ALJs accountable to an officer other than a chief ALJ
This section contains text from state APAs that made ALJs accountable to state officers who are not chief ALJs.
Some sections display whole articles from a state APA while others only show relevant segments.
Kansas
- See also: Kansas Constitution and Kansas Administrative Procedure Act
Section 77-561 of the Kansas APA:
Office of administrative hearings; director; employees. There is hereby established the office of administrative hearings. The office shall be administered by the director of administrative hearings. The director of administrative hearings shall be appointed by the governor pursuant to K.S.A. 75-4315a, and amendments thereto, and shall have special training and qualifications for such position. The director of administrative hearings shall employ, and fix compensation of, such assistants or clerks as the director of administrative hearings may from time to time deem necessary.[16] |
Louisiana
- See also: Louisiana Constitution and Louisiana Administrative Procedure Act
Section 49:994 of the Louisiana APA:
A. The director of the division shall employ the administrative law judges for the division ...[17] |
Tennessee
- See also: Tennessee Constitution and Tennessee Administrative Procedure Act
Section 4-5-301 of the Tennessee APA:
... (c) The agency shall determine whether a contested case shall be conducted by an administrative judge or hearing officer sitting alone or in the presence of members of the agency; provided, that administrative judges or hearing officers employed in the office of the secretary of state shall not be required to conduct a contested case sitting alone in the absence of agreement between the agency and the secretary of state.
(e) Any agency not authorized by law to have a contested case conducted by an administrative judge, hearing officer or similar officer from the agency shall direct that the proceedings or any part thereof be conducted by an administrative judge or hearing officer employed in the office of the secretary of state.[18] |
Virginia
- See also: Virginia Constitution and Virginia Administrative Procedure Act
Section 2.2-4024(A) of the Virginia APA:
A. In all formal hearings conducted in accordance with § 2.2-4020, the hearing shall be presided over by a hearing officer selected from a list prepared by the Executive Secretary of the Supreme Court and maintained in the Office of the Executive Secretary of the Supreme Court. Parties to informal fact-finding proceedings conducted pursuant to § 2.2-4019 may agree at the outset of the proceeding to have a hearing officer preside at the proceeding, such agreement to be revoked only by mutual consent. The Executive Secretary may promulgate rules necessary for the administration of the hearing officer system and shall have the authority to establish the number of hearing officers necessary to preside over administrative hearings in the Commonwealth.[19] |
See also
- State administrative procedure acts
- Administrative Procedure Act
- Administrative law judge
- Separation of powers
Footnotes
- ↑ JUSTIA, "2019 Arizona Revised Statutes, Title 41 - State Government § 41-1092.01 Office of administrative hearings; director; powers and duties; fund," accessed March 27, 2020
- ↑ JUSTIA, "2019 California Code, Government Code - GOV TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA, DIVISION 3 - EXECUTIVE DEPARTMENT, PART 1 - STATE DEPARTMENTS AND AGENCIES, CHAPTER 4 - Office of Administrative Hearings, ARTICLE 1 - General Provisions, Section 11370.2," accessed March 27, 2020
- ↑ JUSTIA, "2019 Florida Statutes, TITLE X - PUBLIC OFFICERS, EMPLOYEES, AND RECORDS, Chapter 120 - ADMINISTRATIVE PROCEDURE ACT 120.65 - Administrative Law Judges," accessed March 27, 2020
- ↑ JUSTIA, "2018 Georgia Code, Title 50 - State Government, Chapter 13 - Administrative Procedure, Article 2 - Office of State Administrative Hearings § 50-13-40. Office created; chief state administrative law judge," accessed March 27, 2020
- ↑ 5.0 5.1 JUSTIA, "2018 Maryland Code, State Government, Title 10 - Governmental Procedures, Subtitle 2 - Administrative Procedure Act --Contested Cases § 10-205. Delegation of hearing authority," accessed March 27, 2020
- ↑ JUSTIA, "2019 Minnesota Statutes, Chapters 14 - 15A — State Agencies, Chapter 14 — Administrative Procedure, Section 14.48 — Office Of Administrative Hearings," accessed March 27, 2020
- ↑ JUSTIA, "2017 New Jersey Revised Statutes, TITLE 52 - STATE GOVERNMENT, DEPARTMENTS AND OFFICERS, Section 52:14B-10 - Evidence; judicial notice; recommended report and decision; final decision; effective date," accessed March 27, 2020
- ↑ JUSTIA, "2019 North Carolina General Statutes, Chapter 150B - Administrative Procedure Act, Article 3 - Administrative Hearings. § 150B-32 - Designation of administrative law judge," accessed March 27, 2020
- ↑ JUSTIA, "2019 Oregon Revised Statutes, Volume : 05 - State Government, Government Procedures, Land Use, Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties, Section 183.610 - Chief administrative law judge," accessed March 27, 2020
- ↑ South Carolina Legislature, "South Carolina Code of Laws Unannotated, Title 1 - Administration of the Government, CHAPTER 23, State Agency Rule Making and Adjudication of Contested Cases, ARTICLE 1, State Register and Code of Regulations," accessed March 27, 2020
- ↑ JUSTIA, "2019 Connecticut General Statutes, Title 4 - Management of State Agencies, Chapter 54 - Uniform Administrative Procedure Act, Section 4-166 - Definitions," accessed March 27, 2020
- ↑ JUSTIA, "2019 Kentucky Revised Statutes, Chapter 13B - Administrative hearings, 13B.030 Powers of agency head -- Hearing officers," accessed March 27, 2020
- ↑ JUSTIA, "2019 Maine Revised Statutes, TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES, Part 18: ADMINISTRATIVE PROCEDURES, Chapter 375: MAINE ADMINISTRATIVE PROCEDURE ACT, Subchapter 4: ADJUDICATORY PROCEEDINGS 5 §9062. Presiding officers," accessed March 27, 2020
- ↑ Michigan Legislature, "Administrative Procedures Act of 1969," accessed March 27, 2020
- ↑ Wisconsin Legislature, "Administrative Procedure and Review," accessed March 27, 2020
- ↑ JUSTIA, "2017 Kansas Statutes, Chapter 77 STATUTES; ADMINISTRATIVE RULES AND REGULATIONS AND PROCEDURE, Article 5 ADMINISTRATIVE PROCEDURE ACT, 77-561 Office of administrative hearings; director; employees," accessed March 27, 2020
- ↑ JUSTIA, "2018 Louisiana Laws, Revised Statutes, TITLE 49 - State Administration, RS 49:994 - Administrative law judges," accessed March 27, 2020
- ↑ JUSTIA, "2017 Tennessee Code Title 4 - State Government, Chapter 5 - Uniform Administrative Procedures Act, Part 2 - Rulemaking and Publications § 4-5-226. Expiration of rules -- Review by general assembly," accessed February 14, 2020
- ↑ JUSTIA, "2019 Code of Virginia, Title 2.2 - Administration of Government, Chapter 40 - Administrative Process Act § 2.2-4024. Hearing officers," accessed March 27, 2020