§1234 Office of Administrative Law Judges

Summary

Creates an Office of Administrative Law Judges inside the Department of Education to run recovery-of-funds, withholding, and cease-and-desist hearings, plus other cases the Secretary sends there. The Secretary must hire the judges under the rules in 5 U.S.C. 3105. Judges are Department employees who meet those qualifications, and the Secretary should favor people with experience in state or local school agencies. One judge is named chief judge. The chief judge assigns judges to cases. A judge must step aside if they have a big personal interest, were counsel, are or were a key witness, or are closely related to a party or the party’s lawyer. Judges check whether the Department’s preliminary decision is adequate (see section 1234a). Hearings follow the hearing rules in title 5 (sections 554, 556, 557), and cost rules in title 5, section 504 apply. Judges can order documents, written questions, and depositions, and can issue subpoenas and ask a U.S. court to enforce them. The Secretary must offer voluntary mediation with an independent mediator agreed to by the parties, who must consider mitigating circumstances and proportion of harm under section 1234b. Mediation evidence is protected under Federal Rule of Evidence 408 and is limited to 120 days unless extended. The Secretary must provide enough staff and judges so cases are handled promptly.