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Analysis

Executive Order Boosts Fears Of Politically Influenced ALJs

Law360 (July 16, 2018, 5:44 PM EDT) -- An executive order signed last week by President Donald Trump eliminating the competitive examination and selection procedures for appointing administrative law judges has heightened concerns that both the ALJ hiring process and decisions made by the judges will be unduly influenced by politics, legal experts said Monday.

The order allows politically appointed agency heads to directly hire ALJs, bypassing the traditional civil service merit-based hiring process, and gives those agency heads more discretion in determining the qualities necessary to perform the job. That kind of hiring...
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