Can an ALJ who works for an agency be impartial? Consider this example. In Misso

Question

Can an ALJ who works for an agency be impartial? Consider this example. In Missouri, the Department of Revenue (DOR) has a staff of attorneys who handle administrative hearings dealing with the revocation of persons’ driver’s licenses who have been arrested for driving while intoxicated. Approximately four (4) attorneys work in each regional office. Each attorney serves as the initial hearing officer on cases usually assigned to him or her according to the county in which the arrest occurred. If the driver loses the hearing, the driver can appeal the suspension or revocation of his or her license to the associate circuit court. Who handles the case in the court representing the Director of Revenue? You guessed it, the DOR attorney. Does this seem fair?

Explanation / Answer

It is fair for the Director of Revenue to hear the case for the suspension or the revocation of the License. People who violate the law must be punished accordingly. Revocation and the suspension of the license will end up as a tedious process for the applicant's to go in for a fresh license. Since the director or revenue will be eyeing on the revenue that will be coming in for the department. The is all possibility for the drivers to pay a hefty fine for not following the law. It is fair for the DOR attorney for letting people go after paying hefty fine. However fine must be imposed only for the drivers.

Other kind of punishments must be given for the people who does not obey the law.

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