As an Administrative Law Judge (ALJ), your primary function is to hear administrative proceedings which the Department is required to conduct subject to the Administrative Procedure Act (APA) (5 U.S.C. Section 551, et. seq.). The ALJ issues decisions and orders in adjudicatory hearings and performs other duties consistent with the APA and remains judicially independent of the Secretary. Additionally, the ALJ may conduct informal fact-finding inquiries or preside over pre-offset hearings such as requests for employee salary waiver over-payment cases. The ALJ administers oaths and affirmations, rules upon motions, regulates the course of evidentiary hearings and receives relevant evidence, holds conferences regarding settlement and other issues, and disposes of procedural requests or similar matters. The ALJ regularly prepares a complete formal record of hearings and issues formal written decisions. Depending on the case type, the ALJ may issue an initial decision subject to further appeal to the Secretary, or a final agency decision, subject only to appeal to an Article III federal court. The ALJ issues all decisions and holds all hearings in a timely manner. Some types of proceedings are governed by strict timelines to which the ALJ must adhere. In consultation with, and with prior approval of the U.S. Office of Personnel Management and the Chief ALJ and the Department of Education, the ALJ may be called to assist another agency on a temporary basis for the purpose of conducting formal administrative hearings before such other agency.
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