In law, a trier of fact or finder of fact is a person or group who determines which facts are available in a legal proceeding and how relevant they are to deciding its outcome. To determine a fact is to decide, from the evidence presented, whether something existed or some event occurred.
License suspension or revocation traditionally follows conviction for alcohol-impaired or drunk driving. However, under administrative license suspension (ALS) laws, sometimes called administrative license revocation or administrative per se, licenses are confiscated and automatically suspended independent of criminal proceedings whenever a driver either (1) refuses to submit to chemical testing, or (2) submits to testing with results indicating a blood alcohol content of 0.08% or higher.
The United States International Trade Commission is an agency of the United States federal government that advises the legislative and executive branches on matters of trade. It is an independent, bipartisan entity that analyzes trade issues such as tariffs and competitiveness and publishes reports. As a quasi-judicial entity, the USITC investigates the impact of imports on U.S. industries, and directs actions against unfair trade practices, such as subsidies; dumping; and intellectual property infringement, including copyright infringement.
An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law. ALJs can administer oaths, take testimony, rule on questions of evidence, and make factual and legal determinations.
The Federal Mine Safety and Health Review Commission is an independent adjudicative agency of the United States government that provides administrative trial and appellate review of legal disputes arising under the Federal Mine Safety and Health Amendments Act, or Mine Act, of 1977.
Commodity Futures Trading Commission v. Schor, 478 U.S. 833 (1986), was a case in which the Supreme Court of the United States held an administrative agency may, in some cases, exert jurisdiction over state-law counterclaims.
The Traffic Violations Bureau (TVB) is an administrative court of the New York State Department of Motor Vehicles that adjudicates non-criminal traffic violations in New York City.
The Surface Transportation Assistance Act of 1982 was a comprehensive transportation funding and policy act of the United States Federal Government, 96 Stat. 2097. The legislation was championed by the Reagan administration to address concerns about the surface transportation infrastructure. The Act contained Title V, known as the Highway Revenue Act of 1982, which added five cents to the per gallon gas tax, of which four cents was dedicated to restore interstate highways and bridges, and one cent for public transit. The Act also set a goal of 10 percent for participation of disadvantaged business enterprises in federal-aid projects.
An administrative court is a type of specialized court on administrative law, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are considered separate from ordinary courts.
The Maryland Office of Administrative Hearings (OAH) is an independent, central panel agency that holds administrative hearings on behalf of certain agencies of the executive branch of the state government. For example, it may hold hearings pertaining to the suspension or revocation of a driver's license, and it also holds hearings when the Maryland Human Relations Commission determines that there is probable cause to believe that an employer or business has committed an act of discrimination. The OAH conducts hearings in over 60,000 matters each year of which approximately one-half concern issues from the state Motor Vehicle Administration.
For activities prior to and surrounding this topic, see Santa Barbara News-Press controversy.
Federal judge salaries in the United States are determined by the United States Congress and are governed in part by the United States Constitution, depending in part on the court on which the judge sits. In particular, United States federal judges confirmed under Article III of the Constitution have compensation that "shall not be diminished during their continuance in office." Other federal judges have salaries that may be adjusted without direct constitutional constraints, however statutory schemes usually govern these salaries. Debates over judicial salaries and their increase and treatment have occurred since the ratification of the Constitution.
The law of Illinois consists of several levels, including constitutional, statutory, and regulatory law, as well as case law and local law. The Illinois Compiled Statutes (ILCS) form the general statutory law.
The law of Washington consists of several levels, including constitutional, statutory, regulatory and case law, as well as local ordinances. The Revised Code of Washington forms the general statutory law.
Meyer v. Astrue, 662 F.3d 700, was a landmark Social Security Disability Insurance case argued in federal court, resolving a conflict within the circuit over the summary denial of requests for review when new evidence is submitted to the Appeals Council.
The New York City Office of Administrative Trials and Hearings (OATH) is an administrative office of the New York City government. It is a non-mayoral executive agency and is not part of the state Unified Court System.
The Texas State Office of Administrative Hearings (SOAH) was created in 1991 by the 72nd Texas Legislature as an independent agency to manage and conduct hearings in contested cases for most licensing and other state agencies. SOAH provides a forum for administrative hearings for agencies without staff to conduct hearings. SOAH derives its authority from Texas Government Code Chapters 2001 and 2003. The Texas legislature empowered administrative law judges (ALJs) employed by SOAH to administer oaths, take testimony, rule on questions of evidence, issue orders relating to discovery and other hearing or pre-hearing matters, and issue proposals for decision including findings of fact and conclusions of law. By statute, SOAH is a state agency; it has statewide jurisdiction, makes its own rules, and determines contested cases. The Texas Legislature clarified SOAH was not an Article 5, Section 1 court, but instead was "created to serve as an independent forum for the conduct of adjudicative hearings in the executive branch of state government." The purpose of SOAH is "to separate the adjudicative function from the investigative, prosecutorial, and policymaking functions in the executive branch in relation to the hearings that the office is authorized to conduct."
Lucia v. Securities and Exchange Commission, 585 U.S. ___ (2018), was a decision by the Supreme Court of the United States on the status of administrative law judges of the Securities and Exchange Commission. The Court held that they are considered inferior officers of the United States and so are subject to the Appointments Clause and must be appointed through the President or other delegated officer of the United States, rather than hired. As "inferior" officers, their appointments are not subject to the Senate's advice and consent role.
Securities and Exchange Commission v. Jarkesy is a case pending before the Supreme Court of the United States. In May 2022, Court of Appeals for the Fifth Circuit held, under certain statutory provisions, the Securities and Exchanges Commission's administrative adjudication of fraud claims without jury trials in their administrative proceedings with their own administrative law judges (ALJs) violated three provisions of the Constitution.
