This collection contains general texts, statutes and regulations relevant to administrative law judge proceedings pursuant to the Administrative Procedure Act.

The Administrative Procedure Act and Selected Provisions of Title 5, U.S.C.

CHAPTER 5 - ADMINISTRATIVE PROCEDURE

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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. Compliation of Information (Repealed).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.
§ 3502. Order of retention.
§ 4301. Definitions.
§ 5372. Administrative law judges.
§ 7521. Actions against administrative law judges.

  Entire Title 5 of the U.S. Code (2004 edition) in PDF format (4,467 KB, 1012 pages)

  Title 5 of the U.S. Code, Chapter 5, Chapter 7 and Selected Provisions Relating to ALJs (2004 edition) in HTM format (562 KB)

  Legislative history of the APA [Links to U.S. Dept. of Justice]

Decisions and Texts

GENERAL WORKS

Morell E. Mullins, Professor of Law, University of Arkansas at Little Rock Manual for Administrative Law Judges (2001 Interim Internet Edition)

Attorney General's Manual on the Administrative Procedure Act (USDOJ 1947)

FREEDOM OF INFORMATION ACT

  Final Rule, Revision of DOL FOIA Regulations, 71 Fed. Reg. 30761 (May 30, 2006)
  Summary of e-FOIA amendments of 1996: Department of Justice, Office of Information and Privacy FOIA Update, Vol. XVII, No. 4, Fall 1996.
  Markup showing the full text of 5 U.S.C. § 552, as amended by e-FOIA.

PUBLICATION POLICY

  National Association of Waterfront Employers v. Solis, 665 F. Supp. 2d 10, 2009 U.S. Dist. LEXIS 99817 (D.D.C. Oct. 27, 2009) PDF | HTML (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) PDF | HTML (OALJ policy to use initials rather than full names of claimants in final decisions in black lung and longshore cases)

ALJ IMMUNITY

  Butz v. Economou, 438 U.S. 478 (1978) HTML |PDF
  Tyler v. USDOL, No. 00-2163(GK) (D.D.C. Feb. 1, 2001) HTML | PDF
  Olsen v. Herman, No. 00-3165 (N.D.Ca. Oct. 31, 2001) HTML | PDF

STATE SOVEREIGN IMMUNITY

  FMC v. South Carolina State Ports Authority, No. 01-46 (U.S. May 28, 2002) (slip opinion) PDF (State sovereign immunity bars agency from adjudicating private party's complaint against a nonconsenting State)

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
  DOL/OALJ-3--Contract List
  DOL/OALJ-4--Notification List

SSNs on Notices of Hearing; Showing of Actual Damages Required for Minimum Statutory Award

  Doe v. Chao, No. 00-2292 (4th Cir. Sept. 20, 2002)PDF | HTML
  Doe v. Chao, U.S., No. 02-1377 (U.S. Feb. 24, 2004)PDF | HTML

OPM Regulations Pertaining to ALJs

Appointment, Pay, and Removal of Administrative Law Judges, 5 CFR Part 930, Subpart B

  930.201 Coverage.
  930.202 Definitions.
  930.203 Examination.
  930.203a Appointment.
  930.203b Title of administrative law judge.
  930.204 Promotion.
  930.205 Reassignment.
  930.206 Transfer.
  930.207 Reinstatement.
  930.208 Restoration.
  930.209 Detail and assignment to other duties.
  930.210 Pay.
  930.211 Performance rating.
  930.212 Rotation of administrative law judges.
  930.213 Use of administrative law judges on detail from other agencies.
  930.214 Actions against administrative law judges.
  930.215 Reduction in force.
  930.216 Temporary reemployment: senior administrative law judges.