APPENDIX APPENDIX 1-NOTICE OF PREHEARING CONFERENCE.. 81 82 APPENDIX APPENDIX 5-REPORT OF PREHEARING CONFERENCE.. 87 6-INTERLOCUTORY ORDER APPENDIX 7-PREHEARING INSTRUCTIONS 22 91 92 8-SUBMISSION OF APPEAL TO THE AGENCY BY THE ADMINISTRATIVE LAW JUDGE... APPENDIX 9—ADMINISTRATIVE LAW JUDGE'S 93 Preface This Manual describes procedures and tools which may be used by Federal Administrative Law Judges in formal administrative proceedings. It should help both the new Administrative Law Judge entering the profession and the experienced Judge in meeting new problems and situations. It may also assist private and government counsel who appear before them. Some agencies have developed manuals designed for their own Judges, with specific reference to their own statutes, rules, and practices. The present treatise has drawn upon such manuals, but is not intended as a substitute for them. It describes general procedural techniques that are used by, or can be applied to, many agencies—but not all can be applied to each. It should be understood throughout, whether specifically stated, that all suggestions and recommendations are subject to pertinent statutes and to the rules and official practices of each agency. This Manual is intended to apply to "the typical formal administrative proceeding", with some special discussion of problems peculiar to the personal claims case and the enforcement case. Although it is not specifically designed for the protracted proceeding, it will probably be most useful there; but the problems and difficulties it addresses exist as well— though in lesser degree-in the simple case. The basic organization of the Manual is chronological, with each procedural technique discussed at that point in the process at which it is most useful. The table of contents has been set forth in sufficient detail that it may also serve as an index. The primary source for the ideas contained in this treatise is 28 years of experience as an Administrative Law Judge at the Civil Aeronautics Board. Some of the emphasis and the case citations may reflect this background; but I have supplemented it by consulting Administrative Law Judges in all Federal agencies, agency staff, and private attorneys. The message of this treatise is the Judge's obligation to manage and govern the proceeding from assignment to decision. This is perhaps the most important of his functions— because unlike the decision itself, if it is not done correctly it cannot be readily repaired. Of course, fairness comes first. However, unless the presiding Judge organizes and controls the entire proceeding, especially the protracted one, in an expeditious manner, the raw material for the agency decision will be so cumbrous and unwieldy that justice will be unnecessarily delayed and sometimes denied. I am fully aware that the uniqueness of each case makes it impossible for a manual such as this to provide definitive answers; at most it can provide generalized suggestions which will have to be applied flexibly and sensibly. My efforts will be sufficiently rewarded if they stimulate each Judge to devise new procedures and adapt old ones to meet the novel problems that the administrative process continually presents. I express the greatest appreciation for the complete support and help of the staff of the Administrative Conference of the United States, particularly Chairman Antonin Scalia, Research Director Robert W. Hamilton, Executive Director John F. Cushman, and Myles Glasgow without whose help I could not have completed this Manual. Also, Betty Palmer of the Conference staff deserves special mention for her patient |