The Role and Functions of Federal Hearing Examiners

Abstract

Hearing examiners in the major regulatory agen cies function as administrative trial judges in proceedings comparable to some of the biggest and most complex cases tried in the federal courts. Once selected, and after undergoing a rigorous examination process, their independence is recognized and protected. From the time a hearing examiner is assigned to a given case, he is in complete charge of the proceeding until he issues his initial decision. During recent years much atten tion has been focused upon problems of delay in administrative proceedings. The role of the hearing examiner has been the focal point of efforts to expedite the hearing stage. The hear ing examiner performs his most important function, however, when he drafts and issues his initial decision at the conclusion of the hearing. The important and difficult task of the regula tory agencies is made far more manageable if they have the benefit of a clear and comprehensive initial decision by the hearing examiner who presided over the hearing and who has lived with the case from the beginning. Finally, one of the essential and overriding objectives of our administrative process is fairness and due process. The role played by the hearing examiner is the key to the successful achievement of this ob jective.