We reported earlier this week that the CFPB had recently posted a job opening for an administrative law judge (ALJ) and that the government jobs website indicated that the position was closed. We saw this as suggesting that the position has been filled.
In response to our blog post, Judge James G. Gilbert, Chief Administrative Law Judge with the United States Postal Service Judicial Office, contacted us to advise that it is unlikely that the position has been filled and that the closing of the position most likely means only that the application period has ended. Judge Gilbert advised that the CFPB will presumably now interview candidates before selecting an ALJ. He also commented that it normally takes about 6 to 8 weeks after the close of the application period for a selection to be made, and often takes longer.
In our blog post, we also reported on the recent decision of an Atlanta federal court calling into question the constitutionality of the SEC’s use of ALJs. The court issued a preliminary injunction enjoining an SEC administrative proceeding, having found that the appointment of the ALJ in question was “likely unconstitutional” under the Appointments Clause of Article II of the U.S. Constitution. Judge Gilbert commented that the Appointments Clause issue is being closely watched by all federal ALJs.