Library: Policy
340:2-28-8. Qualifications and power of administrative law judge
Revised 9-15-21
(a) An administrative law judge (ALJ) must be admitted to the practice of law by the State of Oklahoma and be a member in good standing of the Oklahoma Bar Association. An ALJ must meet any other requirements prescribed by the Legal Division, Oklahoma Department of Human Services.
(b) All OAH ALJs, whether full-time or part-time, are subject to the requirements of the Code of Judicial Conduct.
(c) All OAH ALJs are authorized pursuant to state and federal laws referenced in OAC 340:2-28-1 and the rules in this Subchapter. The duties of the ALJ are to conduct fair hearings, avoid delays, maintain order, and make a record of all proceedings arising under the ALJ's jurisdiction. The ALJ has all powers necessary to accomplish these ends, which fall within the scope of judicial functions. The chief administrative law judge has all additional powers necessary to oversee OAH functions.
1. A full-time administrative law judge (ALJ) must not practice law outside his or her judicial duties, except as specifically authorized by the Code of Judicial Conduct.
2. A part-time ALJ must refrain from involvement in any situation that might give the appearance of a conflict of interest. This includes, but is not limited to, conflicting employment.
(1) A part-time ALJ must not practice law before the Office of Administrative Hearings: Child Support (OAH), and must not act as a lawyer representing one of the parties who previously appeared before the ALJ in a proceeding. For this purpose, if any pleading or motion is filed concerning the matter in OAH, the matter is considered to have been before OAH and a part-time ALJ must not serve as a lawyer for the parties.
(2) A part-time ALJ must not serve as a lawyer in any proceeding in any court in which the Oklahoma Department of Human Services (OKDHS) is a named party or, even if OKDHS is not formally named in the suit, in any proceeding in any state court which might address issues regarding the reimbursement of state monies expended on behalf of a child, including, but not limited to Temporary Aid for Needy Families, Aid to Families with Dependent Children, Medicaid, SoonerCare, Child Care, and Foster Care public monies, as OKDHS would be a necessary party in such proceedings.
