ITC announces new ALJs and new public interest rules

On 24th October 2011 the US International Trade Commission (ITC) welcomed two new administrative law judges, David P Shaw and Thomas Bernard Pender, bringing the total number of ITC ALJs back up to six. Shaw most recently was an ALJ with the Social Security Administration and previously served for many years at the ITC as an attorney adviser in the ITC Office of Administrative Law Judges. Pender has recently served as an ALJ with the Social Security Administration and the Small Business Administration. The commission also announced that Judge Charles E Bullock has been named chief administrative law judge. Bullock, who joined the ITC bench in 2002, has been serving as acting chief judge since the August 2011 retirement of former Chief Administrative Law Judge Paul J Luckern. Bullock has indicated that some investigations already in progress will be reassigned to the two new administrative law judges upon their arrival.

The ITC also announced new rules relating to the public interest and specifically "to gather more information on public interest issues arising from complaints filed with the Commission" (76 Fed Reg No 202, pgs 64803-64810).

Among other requirements: 

  • Under the new rules, a complainant must submit a separate statement addressing public interest concurrently with the complaint.
  • Respondents are to address such issues at the time of the response.
  • Opportunities are provided for public comment before institution of a complaint.

The ITC noted that the new rules do not change "the Commission's substantive practice with respect to its consideration of the public interest factors in its determinations relating to the appropriate remedy". The new public interest rules took effect on 18th November 2011.

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