Agency Exercise of Legislative Power and the Role of ALJ Independence in Responsible Agency Policymaking

Dorothy found herself in a strange kingdom called Administrative Law. She learned that there are three main parts to the kingdom – the legislative estate makes the laws, the judicial estate interprets the laws, and the executive estate enforces the laws. There used to be a fourth part, but it’s not as important now.

Dorothy also learned about administrative agencies, which help the executive estate enforce the laws. When an agency makes a decision, people can challenge it within a certain time period. If they do, there is a process to review the decision and possibly change it.

Overall, Dorothy was learning a lot about how laws are made and enforced in this mysterious kingdom. An inhabitant named Dorothy is trying to understand the role of an administrative law judge (ALJ) in 120.57 proceedings. She is confused because ALJs work in the executive estate but also have judicial duties. She talks to an ALJ named Hermes, who explains that ALJs have quasi-judicial duties and need to be independent and impartial. Dorothy finds these terms confusing and asks Hermes to explain in simpler terms, which he eventually does. Hermes explained that an administrative law judge (ALJ) is like a judge in the court system. They make decisions based on facts and laws to resolve disputes. The ALJ is supposed to be independent and not influenced by outside forces. They also need to be neutral and impartial when making decisions. In the Kingdom, the APA serves several important purposes for ALJs. The APA is a way for government agencies to resolve disputes with citizens. It assigns a neutral judge to help make a decision. This judge doesn’t just look at the facts and laws, like in a regular court case. They also make sure the government agency follows the rules and doesn’t make laws on their own. This is important to protect the rights of citizens and make sure the government doesn’t have too much power. The judge’s job is to make sure everyone follows the rules and to help find a fair solution to the problem. In a 120.57 proceeding, the ALJ conducts a new trial to recommend agency action, not just review past decisions. The ALJ must make sure their recommendation follows the law and doesn’t conflict with the statute. They can recommend agency action based on a rule, as long as it follows the statute. If there’s no conflict, the ALJ’s interpretation of the rule must also follow the statute. The ALJ can’t recommend non-rule policies that go against the statute. After the legal talk, Dorothy and her teacher say goodbye and she goes back to her journey, remembering happy times from her childhood. The text includes song lyrics, legal statutes, and references to legal articles and cases. The only important part is that there are rules and procedures for administrative proceedings in Florida, and there are specific laws that govern how agencies make decisions.

Source: https://www.floridabar.org/the-florida-bar-journal/agency-exercise-of-legislative-power-and-the-role-of-alj-independence-in-responsible-agency-policymaking/