In: Economics
Why is critical for there to be an impartial decision maker in agency adjudication? What does an ALJ's compensation have to do with ensuring impartiality?
ANSWER
a. There is need to be Impartial decision maker in
agency adjudication as it provides parties a fair and unbiased
hearing . To ensure impartiality, justice and independence ,
adminstrative law judges are not supervised by any in the agency
responsible for prosecution or investigation of matters before the
agency.
*ALJs are hired by a single federal agency The Office Of Personal
Management rather than agencies in which they are to be
employed.
* The adminstartive Procedures Act provides a procedure for a
petitioner to challenge the adminstrative law judges or presiding
official on the ground of bias or prejudice.
b.The ALJs compensation has alot to do with
impartiality as
United states Adminstarative Law judges are hired in the pay
category of AL 3A and proceed on an annual basis through the steps
untill thry reach AL 3F . the base pay for each step varies
according to the location of the position and the locality pay paid
in that area
Most of the USALJs earn $168,600 annually .
To keep the ALJS impartial it is necesssray that
there salary must not come from any political or singal party as it
will affect their decision making capacity and will challenge their
neutrality during delivery of justice , if there salary would not
come from a unbiased source it is likely that they wiil not deliver
fair justice to people.