Bioelectronics Corp (BIEL)

[cashpot]

Below i have listed info on the correct way of appointing ALJ's any other way besides what is listed below is illegal.

"Because the SEC ALJ was not constitutionally appointed, he held his office in violation of the Appointments Clause," the majority said.

Five SEC ALJs Just Lost Their Jobs

The court said the Appointments Clause. U.S. Const. art. II, § 2, cl. 2, mandates that inferior officers -- who report to higher officers -- must be appointed by the President, a court, or a department head. In this case, the SEC argued that its five ALJs were employees rather than inferior officers.

The appeals court disagreed, citing criteria defining a tax court judge as an inferior officer in Freytag v. Commissioner of Internal Revenue, 501 U.S. 868 (1991). The Tenth Circuit majority, Judges Mary Beck Briscoe and Scott M. Matheson, Jr., said the SEC ALJs fit the definition, and so their appointments were not constitutional.
- See more at: http://blogs.findlaw.com/tenth_circuit/2017/01/appeals-court-strikes-alj-appointments.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+FindLawLPNews+(FindLaw+News+for+Legal+Professionals#sthash.TjvwO8ld.dpuf