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The Administrative Procedure Act and regulations by providing for separation and insulation be-

Administrative Law Judges tween the ALJ position and the employing agency. 5 C.F.R.

The Administrative Procedure Act (APA) of 1946 created §§ 930.201 - 211. the Administrative Law Judge (ALJ or Judge) function to ensure fairness in formal administrative proceedings before Structural Safeguards federal government agencies. The Coast Guard is one of First, for the Coast Guard, ALJs may not “be responsible thirty-two federal agencies conducting formal adjudication to or subject to the supervision or direction of an employ- proceedings requiring a decision on the record by an Admin- ee or agent engaged in the performance of investigative or istrative Law Judge after an opportunity for hearing in accor- prosecuting functions.” 5 U.S.C. § 554(d)(2); 33 C.F.R. § dance with the Administrative Procedure Act (APA) and the 20.206(a). agency’s regulations. 5 U.S.C. §§ 551-559. The Coast Guard Coast Guard ALJs are senior civilian of? cials selected by is authorized seven ALJs which are individually located in Se- the Coast Guard and appointed by the Secretary of Homeland attle, Alameda, Houston, New Orleans, Baltimore, and New Security. They perform their adjudicative functions pursuant

York. The Chief Judge is in Washington, DC. to the APA and agency regulations which provide them with decisional independence within the parameters of the regu-

Of? ce of Personnel Management Oversight lations and Commandant Appeal Decisions. ALJs are vested

The U.S. Of? ce of Personnel Management (OPM) is re- with complete decisional independence in their decisions and sponsible for ensuring the independence of ALJs. It does orders; however, applicable statutes, regulations, and Com- so by assuring ALJ appointments, pay, tenure, promotions, mandant Decisions on Appeal or Review are binding on ALJs transfers, reinstatements, reassignments, and discipline, unless those Decisions are modi? ed or rejected by competent among other things, are consistent with applicable laws and authority. 46 C.F.R. § 5.65.

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