The Office of Administrative Law Judges (OALJ) is an adjudicative body within the Drug Enforcement Administration (DEA) that conducts formal hearings in accordance with the Administrative Procedure Act (5 U.S.C. § 551, et seq.). Regulatory and enforcement cases are brought by the DEA under the Controlled Substances Act (21 U.S.C. § 801, et seq.). Administrative proceedings conducted before DEA Administrative Law Judges are governed by the provisions of 21 C.F.R. §§ 1316.41-1316.68. OALJ also handles cases for other DOJ components, such as the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Federal Bureau of Prisons (BOP).
United States Administrative Law Judges (ALJs) are appointed by the agency under the Administrative Procedure Act. Responsibilities of ALJs include serving as an independent, impartial trier of fact in formal proceedings requiring a decision on the record after the opportunity for a hearing. DEA ALJs preside over preliminary motions, conduct pre-hearing conferences, issue subpoenas, conduct hearings, review briefs, issue orders, and prepare recommended decisions containing findings of fact and conclusions of law. The United States Government is represented at all DEA hearings by the DEA Office of Chief Counsel (CC).
In DEA cases, recommended decisions by the ALJs are forwarded to the DEA Administrator. The DEA Administrator issues the final agency decisions, which are published in the Federal Register. The Administrator executes their judicial functions with the advice and counsel of a legal advisor independent from CC and OALJ.
