Administrative Law Judges

The DOE had announced that this was a synthetic fuel commercialization project it would strongly support. So what has happened After public hearings, the F.E.R.C. staff filed a 24-page motion with the Administrative Law Judge to dismiss the case with prejudice. The principal problems in this case, are the high capital cost, and the high initial gas price and - as it will be in all synthetic gas cases - who will take the financial risk. And that case was only for production of 40 billion cubic feet of gas a year, 2/10 of one percent of the current U.S. consumption. (The U.S. consumption is about 20 trillion cubic feet a year). 

It is also important to understand the distinction between the staff of the Commission and the Commission itself. When it is reported that the FERC staff has taken a certain position, many people interpret that as a Commission decision. That is not a correct interpretation. The FERC staff, by law, is independent it has an obligation to protect the public interest as they see it. The FERC staff appears before the Administrative Law Judge in all hearings as an equal party. The position of the staff is not the position of the Commission unless the Commission later adopts it. In fact, the Commission has a record of going against the staff about half of the time and for the staff about half of the time about the same ratio for any other party. 

After an unusually long wait, the DEA s Administrative Law Judge Francis Young, in a 90-page opinion that presented 100 "findings," found in favor of the psychiatrists. He ruled that MDMA should be placed in Schedule III, where restrictions for continuing research were considerably less stringent than the DEA Administrator desired. 

Administrative Law Judge Francis Young summed up his "Conclusion" in this matter with the following remarks ... 

The Administrative Law Judge agrees, concluding that the evidence does establish MDMA to have "potential for abuse less than the drugs or other substances in Schedules I and II," and to establish that abuse of MDMA "may lead to moderate or low physical dependence or high psychological dependence."... 

The administrative law judge concludes that the evidence of record requires MDMA to be placed in Schedule III. 

All at once, those who had used this new adjunct to psychotherapy found themselves on the defensive. And so there began the DEA hearings before administrative-law judge Francis Young, in which professionals who had used MDMA would have to convince an anti-drug agency — which didn t even know of their existence — that this substance both had... 

The FDA is directed by the Commissioner of Food and Drugs whose appointment by the DHHS Secretary is subject to confirmation by the United States Senate. The Office of the Commissioner includes eight subsidiary offices. These are Chief Counsel Equal Oppor-timity Administrative Law Judge Senior Associate Commissioner International and Constituent Relations Policy, Planning, and Legislation Management and Systems and Science Coordination and Communication. In addition, the Office of the Commissioner directs the activities of five Centers that... 

Where drugs have been found ineffective, most have been taken off the market using the summary judgement procedure. A few manufacturers have succeeded in requiring an administrative hearing, but none has prevailed before an administrative law judge, the Commissioner, or the courts. 

January 31,1998— Department of Labor Administrative Law Judge, Samuel I. Smith orders EG G to reinstate whistleblower Trina Allen and to "cease and desist" any retaliation against her and other employees for protected activities in the conduct of performance of their duties. 

If, following the issuance of a citation and any protective orders, the chemical manufacturer, importer, or employer continues to withhold the information, the matter is referrable to the Occupational Safety and Health Review Commission for enforcement of the citation. In accordance with Commission rules, the Administrative Law Judge may review the citation and supporting documentation in camera or issue appropriate protective orders. 

Baker. Although art administrative law judge of the FTC has just found in favor of DuPont, the litigation is not necessarily ended.]... 

In The Matter Of Concord Trading Corporation, Docket No. TSCA-94-H-19 (EPA Office of Administrative Law Judges July 24, 1997). 

Companies that request a hearing on the EPA s penalty assessments will have the hearing in the EPA Office of Administrative Law. Administrative Law Judges (ALJs) in the Office of Administrative Law are EPA employees. 

Because the Disclosure Rule has overlapping requirements, a separate penalty can be imposed for violation of each of them. In In the Matter of John P. Vidiksis the administrative law judge imposed penalties of 97,545 for 69 violations stemming from 34 lease transactions, and one sale transaction. In the Matter of Rod Bruner and Century 21 Country North illustrates how proposed penalties can become a significant deterrent. In that case, the EPA... 

Decisions and orders from the EPA Office of Administrative Law Judges are available at http //www.epa.gov/aljhomep/orders.htm Decisions from the EPA Environmental Appeals Board are available at http //WWW.epa.gov/boarddec/... 

Associated with each citation is a proposed penalty. If the employer chooses to contest the alleged violations or proposed penalties, they first discuss it with the agency at a conference. If that does not lead to a solution, the case can be presented to an independent OSHRC, which is independent of both OSHA and the Department of Labor. It employs Administrative Law Judges (ALJs) to decide on disputed citations and penalties. There are also appeal levels above the individual AU. 

If an establishment has entered into a settlement agreement (informal or formal) in which a citation that qualified the establishment for SVEP designation is deleted, or if there has been an Administrative Law Judge, Review Commission, or court decision that has vacated such a citation, then the entry on the SVEP Log will be lined-out and the IMIS SVEP code will be removed from that establishment s Internet Inspection Detail summary. The Area Director must notify the Regional SVEP Coordinator of these changes, who in turn must notify DEP to line-out the inspection from the SVEP Log. 

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