ike82
Full Member
Posts: 45 
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Post by ike82 on Jul 19, 2023 20:50:05 GMT -5
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Post by carrickfergus on Jul 20, 2023 14:35:50 GMT -5
Paragraphs 31-38 are interesting. While the Board punts on the issue of whether or not an SSA ALJ is an inferior officer, it seems to leave the door open for the ALJ to argue that he ultimately can't be removed unless a principal officer causes the removal. Principal officers have to be appointed by the president with the advice and consent of the senate. So is the ACOSS a principal officer? If not, who has the authority to remove an inferior officer if there is no senate-confirmed agency head?
Just some ramblings after a long day....
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Post by ba on Jul 23, 2023 14:12:07 GMT -5
Paragraphs 31-38 are interesting. While the Board punts on the issue of whether or not an SSA ALJ is an inferior officer, it seems to leave the door open for the ALJ to argue that he ultimately can't be removed unless a principal officer causes the removal. Principal officers have to be appointed by the president with the advice and consent of the senate. So is the ACOSS a principal officer? If not, who has the authority to remove an inferior officer if there is no senate-confirmed agency head? Just some ramblings after a long day.... The ACOSS has all the powers of a Senate confirmed COSS as long as they legally are in the acting position. They are an acting principal officer. |
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