What is the role of the Administrative Law Judge in an administrative proceeding?

The role of the Administrative Law Judge (ALJ) in an administrative proceeding is to fairly and impartially hear and decide matters arising from the Nebraska Administrative Procedure Act. This includes matters pertaining to the state’s contested cases and issues related to referrals from other state agencies. The ALJ is independent from the other administrative agencies and is appointed by the Governor. The ALJ is responsible for hearing all types of evidence in the proceedings, including live testimony, documents, and exhibits. The ALJ must also research and ascertain the facts in the case in order to fairly and impartially rule upon any points of dispute. During the hearings, the ALJ is allowed to ask questions and, when warranted, may admit evidence outside the scope of the initial submissions. The ALJ must also ensure that procedure is followed according to the applicable laws and regulations. This includes giving parties an opportunity to present their evidence and arguments. The ALJ must also take the necessary steps to ensure that all parties are afforded the right to due process. At the conclusion of the hearings, the ALJ will issue a report detailing their findings of fact and law. The ALJ has the authority to make decisions on cases, including but not limited to, granting or denying appeals, claiming or denying licensure applications, or settling a dispute. These findings are then subject to review by a higher court if an appeal is desired.

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