-
1
-
-
48949095468
-
-
John Hardwicke, former Chief Administrative Law Judge, Maryland Office of Administrative Hearings, stated this in remarks before the Central Panel Directors Conference, Greensboro, NC, November 1, 2007, entitled Administrative Law: Beginnings.
-
John Hardwicke, former Chief Administrative Law Judge, Maryland Office of Administrative Hearings, stated this in remarks before the Central Panel Directors Conference, Greensboro, NC, November 1, 2007, entitled "Administrative Law: Beginnings."
-
-
-
-
2
-
-
48949102029
-
-
These states are: Texas, Alabama, Georgia, Florida, South Carolina, North Carolina, Tennessee, and Maryland. South Carolina declared its central panel an Administrative Law Court, and an agency and a court of record within the executive branch of the government of this State, 2004 S.C. Acts No. 202, § 3.
-
These states are: Texas, Alabama, Georgia, Florida, South Carolina, North Carolina, Tennessee, and Maryland. South Carolina declared its central panel an "Administrative Law Court," and "an agency and a court of record within the executive branch of the government of this State," 2004 S.C. Acts No. 202, § 3.
-
-
-
-
3
-
-
48949095130
-
-
California established the nation's first central panel in 1946
-
California established the nation's first central panel in 1946.
-
-
-
-
4
-
-
48949105739
-
-
The states of Ohio, Indiana, and Kentucky have been studying the concept for possible implementation. There is some centralization of hearings in Pennsylvania and Hawaii, but those states have not yet fully realized as central panels. See Frank Sullivan Jr., Some Questions to Consider Before Indiana Creates a Centralized Office of Administrative Hearings, 38 IND. L. REV. 389 (2005).
-
The states of Ohio, Indiana, and Kentucky have been studying the concept for possible implementation. There is some centralization of hearings in Pennsylvania and Hawaii, but those states have not yet fully realized as central panels. See Frank Sullivan Jr., Some Questions to Consider Before Indiana Creates a Centralized Office of Administrative Hearings, 38 IND. L. REV. 389 (2005).
-
-
-
-
5
-
-
0036766667
-
-
James F. Flanagan, Redefining the Role of the State Administrative Law Judge: Central Panels and Their Impact on State ALJ Authority and Standards of Agency Review, 54 ADMIN. L. REV. 1355, 1356 (2002) (footnotes omitted).
-
James F. Flanagan, Redefining the Role of the State Administrative Law Judge: Central Panels and Their Impact on State ALJ Authority and Standards of Agency Review, 54 ADMIN. L. REV. 1355, 1356 (2002) (footnotes omitted).
-
-
-
-
6
-
-
48949088616
-
-
House of Representatives Floor Debate on H.B. 41, 2008 1st Extra. Sess. (now La. Acts No. 23), Feb. 15, 2008 (statement by Rep. Jim Tucker explaining a proposal to transfer certain hearings to the DAL).
-
House of Representatives Floor Debate on H.B. 41, 2008 1st Extra. Sess. (now La. Acts No. 23), Feb. 15, 2008 (statement by Rep. Jim Tucker explaining a proposal to transfer certain hearings to the DAL).
-
-
-
-
7
-
-
48949092226
-
-
See Edward J. Schoenbaum's treatment of this issue in Improving Public Trust and Confidence in Administrative Adjudication: What an Administrative Law Judge Can Do, 21 J. NAT'L ASS'N ADMIN. L. JUDGES 1 (2001).
-
See Edward J. Schoenbaum's treatment of this issue in Improving Public Trust and Confidence in Administrative Adjudication: What an Administrative Law Judge Can Do, 21 J. NAT'L ASS'N ADMIN. L. JUDGES 1 (2001).
-
-
-
-
8
-
-
48949091704
-
-
1995 La. Acts No. 739, § 4. Section 2 of that act enacted chapter 13-B, comprised of Louisiana Revised Statutes sections 49:991-99.
-
1995 La. Acts No. 739, § 4. Section 2 of that act enacted chapter 13-B, comprised of Louisiana Revised Statutes sections 49:991-99.
-
-
-
-
9
-
-
48949086987
-
-
S.B. 600, Reg. Sess. (La. 1991) (submitted by Senator Bankston). The veto message may be found at pages 596-99 of the Resume of Acts, Resolutions, Study Requests and Vetoed Bills of the 1991 session of the Louisiana legislature.
-
S.B. 600, Reg. Sess. (La. 1991) (submitted by Senator Bankston). The veto message may be found at pages 596-99 of the Resume of Acts, Resolutions, Study Requests and Vetoed Bills of the 1991 session of the Louisiana legislature.
-
-
-
-
10
-
-
48949103904
-
-
A number of articles, many by other central panel directors and chiefs, outline similar experiences. See Thomas E. Ewing, Chief Administrative Law Judge, Oregon's Hearing Officer Panel, 23 J. NAT'L A. ADMIN. L. JUDGES 57 (2003)
-
A number of articles, many by other central panel directors and chiefs, outline similar experiences. See Thomas E. Ewing, Chief Administrative Law Judge, Oregon's Hearing Officer Panel, 23 J. NAT'L A. ADMIN. L. JUDGES 57 (2003)
-
-
-
-
12
-
-
48949095847
-
-
Thomas E. Ewing, Oregon's Office of Administrative Hearings: A Postscript, 24 J. NAT'L A. ADMIN. L. JUDGES 21 (2004);
-
Thomas E. Ewing, Oregon's Office of Administrative Hearings: A Postscript, 24 J. NAT'L A. ADMIN. L. JUDGES 21 (2004);
-
-
-
-
13
-
-
48949098933
-
-
Thomas E. Ewing, Independence in Adjudication, Understanding the Office of Administrative Hearings, 65-APR OR. ST. B. BULL. 17 (2005).
-
Thomas E. Ewing, Independence in Adjudication, Understanding the Office of Administrative Hearings, 65-APR OR. ST. B. BULL. 17 (2005).
-
-
-
-
14
-
-
48949095128
-
-
See also Deborah A. Baumer, The Office of Administrative Hearings, 30-OCT WYO. LAW. 20 (2007);
-
See also Deborah A. Baumer, The Office of Administrative Hearings, 30-OCT WYO. LAW. 20 (2007);
-
-
-
-
15
-
-
48949096382
-
Operational Aspects of a Central Hearing Examiners Pool: California's Experiences, 3
-
George R. Coan, Operational Aspects of a Central Hearing Examiners Pool: California's Experiences, 3 FLA. ST. U. L. REV. 86 (1975);
-
(1975)
FLA. ST. U. L. REV
, vol.86
-
-
Coan, G.R.1
-
16
-
-
48949102683
-
-
Jeffrey G. Colvin & Jonathan Mallamud, Hearing Officers in Pennsylvania: Recommendations for an Independent Central Office, 15 DUQ. L. REV. 605 (1977);
-
Jeffrey G. Colvin & Jonathan Mallamud, Hearing Officers in Pennsylvania: Recommendations for an Independent Central Office, 15 DUQ. L. REV. 605 (1977);
-
-
-
-
17
-
-
48949105607
-
-
Mark A. Dickerson, The Georgia Office of State Administrative Hearings, 19 J. NAT'L ASS'N ADMIN. L. JUDGES 121 (1999);
-
Mark A. Dickerson, The Georgia Office of State Administrative Hearings, 19 J. NAT'L ASS'N ADMIN. L. JUDGES 121 (1999);
-
-
-
-
18
-
-
48949096498
-
-
William R. Dorsey, Florida's Continuing Experiment with the Central Hearing Panel Process: The Division of Administrative Hearings, 15 J. NAT'L ASS'N ADMIN. L. JUDGES 77 (1995);
-
William R. Dorsey, Florida's Continuing Experiment with the Central Hearing Panel Process: The Division of Administrative Hearings, 15 J. NAT'L ASS'N ADMIN. L. JUDGES 77 (1995);
-
-
-
-
19
-
-
48949088246
-
-
Edwin L. Felter, Jr., The Hidden Executive Branch Judiciary: Colorado's Central Panel Experience - Lessons for the Feds, 14 J. NAT'L ASS'N ADMIN. L. JUDGES 95 (1994);
-
Edwin L. Felter, Jr., The Hidden Executive Branch Judiciary: Colorado's Central Panel Experience - Lessons for the Feds, 14 J. NAT'L ASS'N ADMIN. L. JUDGES 95 (1994);
-
-
-
-
20
-
-
48849117993
-
-
James F. Flanagan, Report to the Judicial Council on the Administrative Law Judge Statute, 18 J. NAT'L ASS'N ADMIN. L. JUDGES 371 (1998) (on South Carolina);
-
James F. Flanagan, Report to the Judicial Council on the Administrative Law Judge Statute, 18 J. NAT'L ASS'N ADMIN. L. JUDGES 371 (1998) (on South Carolina);
-
-
-
-
21
-
-
48949089510
-
-
John W. Hardwicke, The Central Hearing Agency: Theory and Implementation in Maryland, 14 J. NAT'L ASS'N ADMIN. L. JUDGES 5 (1994)
-
John W. Hardwicke, The Central Hearing Agency: Theory and Implementation in Maryland, 14 J. NAT'L ASS'N ADMIN. L. JUDGES 5 (1994)
-
-
-
-
24
-
-
48949093591
-
-
Daniel R. E. Jordan, Opening the Floodgates of Decision-Making at the Missouri Administrative Hearing Commission, 15 J. NAT'L ASS'N ADMIN. L. JUDGES 99 (1995);
-
Daniel R. E. Jordan, Opening the Floodgates of Decision-Making at the Missouri Administrative Hearing Commission, 15 J. NAT'L ASS'N ADMIN. L. JUDGES 99 (1995);
-
-
-
-
25
-
-
48949097040
-
-
Marvin Kittrell, ALJs in South Carolina, 7 S.C. LAW. 42 (May/June 1996);
-
Marvin Kittrell, ALJs in South Carolina, 7 S.C. LAW. 42 (May/June 1996);
-
-
-
-
26
-
-
48949083633
-
-
Raymond Krause, Minnesota's OAH: 30 Years of Innovation in Administrative Review, 63-FEB BENCH & B. MINN. 17 (2006);
-
Raymond Krause, Minnesota's OAH: 30 Years of Innovation in Administrative Review, 63-FEB BENCH & B. MINN. 17 (2006);
-
-
-
-
27
-
-
48949092735
-
Administrative Justice: No Longer Just A Recommendation, 79
-
Julian Mann, III, Administrative Justice: No Longer Just A Recommendation, 79 N.C. L. Rev. 1639 (2001);
-
(2001)
N.C. L. Rev
, vol.1639
-
-
Mann III, J.1
-
28
-
-
48949100805
-
-
Julian Mann, III, Striving for Efficiency in Administrative Litigation: North Carolina's Office of Administrative Hearings, 15 J. NAT'L ASS'N ADMIN. L. JUDGES 221 (1995);
-
Julian Mann, III, Striving for Efficiency in Administrative Litigation: North Carolina's Office of Administrative Hearings, 15 J. NAT'L ASS'N ADMIN. L. JUDGES 221 (1995);
-
-
-
-
29
-
-
48949097434
-
-
Christopher B. McNeil, Due Process and the Ohio Administrative Procedure Act: The Central Panel Proposal, 23 OHIO N.U.L. REV. 783 (1997);
-
Christopher B. McNeil, Due Process and the Ohio Administrative Procedure Act: The Central Panel Proposal, 23 OHIO N.U.L. REV. 783 (1997);
-
-
-
-
30
-
-
48949085273
-
-
William B. Sweet, South Carolina's ALJ: Central Panel, Administrative Court, or a Little of Both?, 48 S.C. L. REV. 1 (1996);
-
William B. Sweet, South Carolina's ALJ: Central Panel, Administrative Court, or a Little of Both?, 48 S.C. L. REV. 1 (1996);
-
-
-
-
31
-
-
48949090015
-
-
Sheila Bailey Taylor, The Growth and Development of a Centralized Administrative Hearings Process in Texas, 17 J. NAT'L ASS'N ADMIN. L. JUDGES 113 (1997).
-
Sheila Bailey Taylor, The Growth and Development of a Centralized Administrative Hearings Process in Texas, 17 J. NAT'L ASS'N ADMIN. L. JUDGES 113 (1997).
-
-
-
-
32
-
-
48949085532
-
-
For central panels generally, see Ron Beal, The Texas State Office of Administrative Hearings: Establishing Independent Adjudications in Contested Case Proceedings While Preserving the Power of Institutional Decision Making, 25 J. NAT'L ASS'N ADMIN. L. JUDGES 119 (2005);
-
For central panels generally, see Ron Beal, The Texas State Office of Administrative Hearings: Establishing Independent Adjudications in Contested Case Proceedings While Preserving the Power of Institutional Decision Making, 25 J. NAT'L ASS'N ADMIN. L. JUDGES 119 (2005);
-
-
-
-
33
-
-
0345818433
-
The Central Panel Movement: A Work in Progress, 53
-
John W. Hardwicke, The Central Panel Movement: A Work in Progress, 53 ADMIN. L. REV. 419 (2001)
-
(2001)
ADMIN. L. REV
, vol.419
-
-
Hardwicke, J.W.1
-
35
-
-
48949091452
-
-
Allen C. Hoberg, Administrative Hearings: State Central Panels in the 1990s, 46 ADMIN. L. REV. 75 (1994),
-
Allen C. Hoberg, Administrative Hearings: State Central Panels in the 1990s, 46 ADMIN. L. REV. 75 (1994),
-
-
-
-
36
-
-
48949106755
-
-
reprinted in 14 J. NAT'L ASS'N ADMIN. L. JUDGES 107 (1994);
-
reprinted in 14 J. NAT'L ASS'N ADMIN. L. JUDGES 107 (1994);
-
-
-
-
37
-
-
48949102566
-
-
Allen C. Hoberg, Ten Years Later: The Progress of State Central Panels, J. NAT'L ASS'N ADMIN. L. JUDGES 235 (2001);
-
Allen C. Hoberg, Ten Years Later: The Progress of State Central Panels, J. NAT'L ASS'N ADMIN. L. JUDGES 235 (2001);
-
-
-
-
38
-
-
26444531845
-
The Central Panel System: A Framework That Separates ALJs from Administrative Agencies, 65
-
Harold Levinson, The Central Panel System: A Framework That Separates ALJs from Administrative Agencies, 65 JUDICATURE 236 (1981);
-
(1981)
JUDICATURE
, vol.236
-
-
Levinson, H.1
-
39
-
-
0346743708
-
Adapting the Central Panel System: A Study of Seven States, 65
-
Malcolm Rich, Adapting the Central Panel System: A Study of Seven States, 65 JUDICATURE 246 (1981);
-
(1981)
JUDICATURE
, vol.246
-
-
Rich, M.1
-
40
-
-
48949089766
-
Central Panels of Administrative Law Judges: An Introduction, 65
-
Malcolm Rich, Central Panels of Administrative Law Judges: An Introduction, 65 JUDICATURE 233 (1981);
-
(1981)
JUDICATURE
, vol.233
-
-
Rich, M.1
-
41
-
-
48949099616
-
The Central Panel System: Enhancing Administrative Justice, 65
-
Victor Rosenblum, The Central Panel System: Enhancing Administrative Justice, 65 JUDICATURE 235 (1981).
-
(1981)
JUDICATURE
, vol.235
-
-
Rosenblum, V.1
-
42
-
-
48949105737
-
-
543 So. 2d 908 (La. 1989).
-
543 So. 2d 908 (La. 1989).
-
-
-
-
44
-
-
48949099080
-
-
Id
-
Id.
-
-
-
-
45
-
-
48949085673
-
-
481 So. 2d 113 (La. 1985). When she appointed a hearing officer to handle the adjudicatory hearing, she even directed him not to consider nor recommend any sanctions, reserving that decision for herself.
-
481 So. 2d 113 (La. 1985). When she appointed a hearing officer to handle the adjudicatory hearing, she even directed him not to consider nor recommend any sanctions, reserving that decision for herself.
-
-
-
-
46
-
-
48949084151
-
-
In re Am. Waste & Pollution Control Co., 581 So. 2d 738, 741-42 (La. App. 1st Cir. 1991). For a good discussion of the fairness requirement as it applies to administrative law, see Bernard Schwartz, Bias in Webster and Bias in Administrative Law - The Recent Jurisprudence, 30 TULSA L. J. 461 (1995).
-
In re Am. Waste & Pollution Control Co., 581 So. 2d 738, 741-42 (La. App. 1st Cir. 1991). For a good discussion of the fairness requirement as it applies to administrative law, see Bernard Schwartz, Bias in Webster and Bias in Administrative Law - The Recent Jurisprudence, 30 TULSA L. J. 461 (1995).
-
-
-
-
47
-
-
48949102685
-
-
694 So. 2d 173 (La. 1997).
-
694 So. 2d 173 (La. 1997).
-
-
-
-
48
-
-
48949097437
-
-
Id. at 177 (citing In re Murchison, 349 U.S. 133, 136 (1955)). See also Withrow v. Larkin, 421 U.S. 35 (1975); Gibson v. Berryhill, 411 U.S. 564 (1973).
-
Id. at 177 (citing In re Murchison, 349 U.S. 133, 136 (1955)). See also Withrow v. Larkin, 421 U.S. 35 (1975); Gibson v. Berryhill, 411 U.S. 564 (1973).
-
-
-
-
49
-
-
48949099227
-
-
For discussion of SB 636 (which became the DAL Act), see the minutes of the May 23, 1995 meeting of the House and Governmental Affairs committee and the May 10, 1995 meeting of the Senate and Governmental Affairs committee. For discussion of HB 2206 (which became Louisiana Acts Number 1332), see the minutes of May 6, 1999 meeting of the House and Governmental Affairs committee and the June 9, 1999 meeting of the Senate and Governmental Affairs committee.
-
For discussion of SB 636 (which became the DAL Act), see the minutes of the May 23, 1995 meeting of the House and Governmental Affairs committee and the May 10, 1995 meeting of the Senate and Governmental Affairs committee. For discussion of HB 2206 (which became Louisiana Acts Number 1332), see the minutes of May 6, 1999 meeting of the House and Governmental Affairs committee and the June 9, 1999 meeting of the Senate and Governmental Affairs committee.
-
-
-
-
50
-
-
48949083492
-
-
The April 2000 Louisiana Legislative Auditor's Report, Analysis of Overlap, Duplication and Fragmentation across Executive Branch Departments urged the legislature to consider amending Revised Statutes section 49:992 to remove some of the exemptions it allows in order to achieve greater economy of scale by centralizing the administrative hearings function.
-
The April 2000 Louisiana Legislative Auditor's Report, Analysis of Overlap, Duplication and Fragmentation across Executive Branch Departments urged the legislature to consider amending Revised Statutes section 49:992 to remove some of the exemptions it allows in order to achieve greater economy of scale by centralizing the administrative hearings function.
-
-
-
-
51
-
-
48949098091
-
ANN. §
-
LA. REV. STAT. ANN. § 49:992 (2008).
-
(2008)
, vol.49
, pp. 992
-
-
LA1
REV2
STAT3
-
52
-
-
48949095991
-
-
LA. ADMIN. CODE tit. 1, pt. 3 (2007).
-
(2007)
, vol.1
, Issue.PART. 3
-
-
LA1
ADMIN2
CODE tit3
-
53
-
-
48949098091
-
ANN. §
-
LA. REV. STAT. ANN. § 49:995 (2008).
-
(2008)
, vol.49
, pp. 995
-
-
LA1
REV2
STAT3
-
54
-
-
48949096117
-
-
The title chief administrative law judge is used in Florida, Georgia, Maryland, North Carolina, South Carolina, Texas, Oregon, Washington, Minnesota, New Jersey, Alaska, and Washington, D.C. Massachusetts uses Chief Administrative Magistrate.
-
The title "chief administrative law judge" is used in Florida, Georgia, Maryland, North Carolina, South Carolina, Texas, Oregon, Washington, Minnesota, New Jersey, Alaska, and Washington, D.C. Massachusetts uses "Chief Administrative Magistrate."
-
-
-
-
55
-
-
48949089131
-
-
§ 49:995(A), (B)(1). Currently moving through the 2008 Regular Session is HB 901 which would change the director's term to a fixed four year term, subject to the approval of the House of Representatives and confirmation by the Senate.
-
§ 49:995(A), (B)(1). Currently moving through the 2008 Regular Session is HB 901 which would change the director's term to a fixed four year term, "subject to the approval of the House of Representatives and confirmation by the Senate."
-
-
-
-
56
-
-
48949101165
-
-
§ 49:995A
-
§ 49:995(A).
-
-
-
-
57
-
-
48949097435
-
-
§ 49:995(C). The Director is the only unclassified employee in the entire Department of Civil Service; the ALJs and support staff are classified civil servants.
-
§ 49:995(C). The Director is the only unclassified employee in the entire Department of Civil Service; the ALJs and support staff are classified civil servants.
-
-
-
-
58
-
-
48949099228
-
-
§ 49:9961
-
§ 49:996(1).
-
-
-
-
59
-
-
48949083120
-
-
Hardwicke, supra note 10, at 426
-
Hardwicke, supra note 10, at 426.
-
-
-
-
60
-
-
48949088880
-
-
The author took office August 19
-
The author took office August 19, 1996.
-
(1996)
-
-
-
61
-
-
48949090146
-
-
It was not until the end of the 1997 legislative session, and three days before the end of that fiscal year, that DAL received supplemental appropriations to repay start up operating costs. 1997 La Acts No. 471.
-
It was not until the end of the 1997 legislative session, and three days before the end of that fiscal year, that DAL received supplemental appropriations to repay start up operating costs. 1997 La Acts No. 471.
-
-
-
-
62
-
-
48949087139
-
-
§ 49:994(C) (transferring to DAL on October 1, 1996 all persons employed in affected agencies who handle adjudications).
-
§ 49:994(C) (transferring to DAL on October 1, 1996 all persons employed in affected agencies who handle adjudications).
-
-
-
-
63
-
-
48949099885
-
-
See supra note 10 for articles recounting other central panel chiefs' experiences. The Director learned that two weeks after DAL began, the Central Panel Directors were having their annual meeting. The advice and guidance the other states' chiefs offered about how to set up a central panel was a saving grace. I profusely thank them for their help and enjoy their continued support.
-
See supra note 10 for articles recounting other central panel chiefs' experiences. The Director learned that two weeks after DAL began, the Central Panel Directors were having their annual meeting. The advice and guidance the other states' chiefs offered about how to set up a central panel was a saving grace. I profusely thank them for their help and enjoy their continued support.
-
-
-
-
64
-
-
48949104302
-
-
It was only habitable after extensive cleaning and repainting. Used office furniture and equipment was purchased from a state property surplus warehouse
-
It was only habitable after extensive cleaning and repainting. Used office furniture and equipment was purchased from a state property surplus warehouse.
-
-
-
-
65
-
-
48949094129
-
-
The author discusses this topic to demonstrate the deep structural justifications for the DAL as an independent central panel, but is specifically not accusing any current agency personnel of misdeeds. These problems existing over a decade ago were solved by the implementation and acceptance of the DAL as described in this article
-
The author discusses this topic to demonstrate the deep structural justifications for the DAL as an independent central panel, but is specifically not accusing any current agency personnel of misdeeds. These problems existing over a decade ago were solved by the implementation and acceptance of the DAL as described in this article.
-
-
-
-
66
-
-
48949098092
-
-
Upon discovery, the Director ordered that activity to stop immediately
-
Upon discovery, the Director ordered that activity to stop immediately.
-
-
-
-
67
-
-
48949090565
-
-
Judges Hardwicke & Thomas E. Ewing, The Central Panel: A Response to Critics, 24 J. NAT'L ASS'N ADMIN. L. JUDGES 231, 233 (2004) (Judge Ewing recounting similar practices prior to Oregon's central panel).
-
Judges Hardwicke & Thomas E. Ewing, The Central Panel: A Response to Critics, 24 J. NAT'L ASS'N ADMIN. L. JUDGES 231, 233 (2004) (Judge Ewing recounting similar practices prior to Oregon's central panel).
-
-
-
-
68
-
-
48949103387
-
-
Some ALJs' offices were conveniently adjacent to the agency attorneys' offices. Ex parte communications, already prohibited in the APA, are proscribed in the DAL Act. LA. REV. STAT. ANN. § 49:998(F) (2008).
-
Some ALJs' offices were conveniently adjacent to the agency attorneys' offices. Ex parte communications, already prohibited in the APA, are proscribed in the DAL Act. LA. REV. STAT. ANN. § 49:998(F) (2008).
-
-
-
-
69
-
-
48949084019
-
-
Rep. Peppi Bruneau repeated this story before the House and Governmental Affairs Committee on May 6, 1999 during consideration of HB 2206. That bill provides that no agency or agency official is entitled to judicial review of ALJ decisions. It became Louisiana Acts Number 1332. The DAL Act specifies that an evaluation of ALJ performance include the judge's attentiveness. § 49:997(B)(2).
-
Rep. Peppi Bruneau repeated this story before the House and Governmental Affairs Committee on May 6, 1999 during consideration of HB 2206. That bill provides that no agency or agency official is entitled to judicial review of ALJ decisions. It became Louisiana Acts Number 1332. The DAL Act specifies that an evaluation of ALJ performance include the judge's "attentiveness." § 49:997(B)(2).
-
-
-
-
70
-
-
48949094877
-
-
A Financial and Compliance Audit by the Legislative Auditor on May 31, 2000 found that the Department of Wildlife and Fisheries had $2.6 million in uncollected fines. The Department responded by letter attached to the report, that these civil fines are considered by legal counsel to be uncollectible since due process was not afforded to the violators. The agency noted that there had been no provisions for due process adjudicatory hearings until the DAL began handling their hearings in late 1996.
-
A Financial and Compliance Audit by the Legislative Auditor on May 31, 2000 found that the Department of Wildlife and Fisheries had $2.6 million in uncollected fines. The Department responded by letter attached to the report, that "these civil fines are considered by legal counsel to be uncollectible since due process was not afforded to the violators." The agency noted that there had been no provisions for due process adjudicatory hearings until the DAL began handling their hearings in late 1996.
-
-
-
-
71
-
-
48949093997
-
-
DAL's Budget Request for fiscal year 1997-98 is a public document. Pages 21-22 of the Continuation Budget Package described the hostility from host agencies and other detriments experienced from having the ALJs housed in the agencies for which they conducted hearings: compromise of their independence and impartiality; ex parte communications; procedural inefficiencies from several different case intake systems, docketing and filing; duplication of overhead expenses; uneven staffing; and barriers to consolidating workloads.
-
DAL's Budget Request for fiscal year 1997-98 is a public document. Pages 21-22 of the Continuation Budget Package described the hostility from host agencies and other detriments experienced from having the ALJs housed in the agencies for which they conducted hearings: compromise of their independence and impartiality; ex parte communications; procedural inefficiencies from several different case intake systems, docketing and filing; duplication of overhead expenses; uneven staffing; and barriers to consolidating workloads.
-
-
-
-
72
-
-
48949087520
-
-
There was insufficient workload in the Monroe area for one full time office, much less two. Today, DAL leases one small room in Monroe. An ALJ from the Shreveport office travels there to conduct hearings, usually once weekly. This equaled a reduction from ten workdays to one in that city, and allowed a beneficial consolidation of workload so that the Shreveport office could absorb increased work in its growing metro area. The Lake Charles office was reduced from a five day a week full-time hearings office to a small room visited one day about every other week by the ALJ domiciled in Lafayette
-
There was insufficient workload in the Monroe area for one full time office, much less two. Today, DAL leases one small room in Monroe. An ALJ from the Shreveport office travels there to conduct hearings, usually once weekly. This equaled a reduction from ten workdays to one in that city, and allowed a beneficial consolidation of workload so that the Shreveport office could absorb increased work in its growing metro area. The Lake Charles office was reduced from a five day a week full-time hearings office to a small room visited one day about every other week by the ALJ domiciled in Lafayette.
-
-
-
-
73
-
-
48949100806
-
-
The Metairie office had been moved to downtown New Orleans and expanded with the workload, until the devastating hurricanes of 2005 reduced the caseload and budget cuts closed that office. It is slated to reopen.
-
The Metairie office had been moved to downtown New Orleans and expanded with the workload, until the devastating hurricanes of 2005 reduced the caseload and budget cuts closed that office. It is slated to reopen.
-
-
-
-
74
-
-
48949085275
-
-
Funds were included in 1997 La. Acts No. 18.
-
Funds were included in 1997 La. Acts No. 18.
-
-
-
-
75
-
-
48949089509
-
-
Not all the ALJs wanted to be separate from their parent agencies, perhaps an indication of their too-cozy relationship. One returned to an ALJ position at their original agency which had not been transferred to DAL, and another voluntarily retired the day before the move. Others resented the loss of special perks they had enjoyed at their prior agency, such as personally assigned, take-home state vehicles, and other state equipment
-
Not all the ALJs wanted to be separate from their parent agencies - perhaps an indication of their too-cozy relationship. One returned to an ALJ position at their original agency which had not been transferred to DAL, and another voluntarily retired the day before the move. Others resented the loss of special perks they had enjoyed at their prior agency, such as personally assigned, take-home state vehicles, and other state equipment.
-
-
-
-
76
-
-
48949101161
-
-
DAL is agency number 17-564.
-
DAL is agency number 17-564.
-
-
-
-
77
-
-
48949100682
-
-
LA. REV. STAT. ANN. § 49:999.1 (2008).
-
LA. REV. STAT. ANN. § 49:999.1 (2008).
-
-
-
-
78
-
-
48949084152
-
-
Division of Administrative Law, Strategic Plan, http://www.adminlaw. state.la.us/strategicplan.htm (last visited May 12, 2008) (detailing the mission statement).
-
Division of Administrative Law, Strategic Plan, http://www.adminlaw. state.la.us/strategicplan.htm (last visited May 12, 2008) (detailing the mission statement).
-
-
-
-
79
-
-
48949091181
-
-
These are filed with the Office of Planning and Budget (OPB), and can be viewed on the DAL's website. See DEP'T OF CIVIL SERV. DIV OF ADMIN. LAW, STRATEGIC PLAN, FY 2008-2009 THROUGH FY 2012-2013, http://www. adminlaw.state.la.us/docs/2005-2009%20STRATEGIC%20PLAN.pdf.
-
These are filed with the Office of Planning and Budget (OPB), and can be viewed on the DAL's website. See DEP'T OF CIVIL SERV. DIV OF ADMIN. LAW, STRATEGIC PLAN, FY 2008-2009 THROUGH FY 2012-2013, http://www. adminlaw.state.la.us/docs/2005-2009%20STRATEGIC%20PLAN.pdf.
-
-
-
-
80
-
-
48949084786
-
-
See Office of Planning and Budget, http://doa.louisiana.gov/opb/ lapas/ lapas.htm (last visited May 12, 2008) (reporting on Louisiana Performance and Accountability System).
-
See Office of Planning and Budget, http://doa.louisiana.gov/opb/ lapas/ lapas.htm (last visited May 12, 2008) (reporting on Louisiana Performance and Accountability System).
-
-
-
-
81
-
-
48949102027
-
-
See Division of Administrative Law, Executive Summary, http://www. adminlaw.state.la.us/docs/DAL%20executive%20summary.pdf (last visited May 12, 2008) (providing performance indicators and benchmarks).
-
See Division of Administrative Law, Executive Summary, http://www. adminlaw.state.la.us/docs/DAL%20executive%20summary.pdf (last visited May 12, 2008) (providing performance indicators and benchmarks).
-
-
-
-
82
-
-
48949093097
-
-
In order to more accurately represent DAL's typical performance, these statistics exclude those unusually high quick turnaround, Department of Labor hurricane disaster unemployment compensation recovery cases that DAL handled only during FY 07-08.
-
In order to more accurately represent DAL's typical performance, these statistics exclude those unusually high volume, quick turnaround, Department of Labor hurricane disaster unemployment compensation recovery cases that DAL handled only during FY 07-08.
-
-
-
-
83
-
-
48949086861
-
-
See Division of Administrative Law, http://www.adminlaw.state.la. us/ director.htm (last visited May 12, 2008). This data is reported in the annual Operational Plan part of Budget Request-Division of Administrative Law-Fiscal Year 2008/2009, a public document.
-
See Division of Administrative Law, http://www.adminlaw.state.la. us/ director.htm (last visited May 12, 2008). This data is reported in the annual Operational Plan part of "Budget Request-Division of Administrative Law-Fiscal Year 2008/2009," a public document.
-
-
-
-
84
-
-
48949093878
-
-
An entire article could be written about the operations of the clerk's office, and improvements implemented by the DAL in terms of information technology, but that will not be attempted here
-
An entire article could be written about the operations of the clerk's office, and improvements implemented by the DAL in terms of information technology, but that will not be attempted here.
-
-
-
-
85
-
-
48949104429
-
-
LA. REV. STAT. ANN. § 49:997(C) (2008). The author is not aware of any similar laws requiring such surveys by agencies that employ their own judges.
-
LA. REV. STAT. ANN. § 49:997(C) (2008). The author is not aware of any similar laws requiring such surveys by agencies that employ their own judges.
-
-
-
-
86
-
-
48949106131
-
-
Sullivan, supra note 4
-
Sullivan, supra note 4.
-
-
-
-
87
-
-
48949104569
-
-
When the DAL began, a few non-attorney ALJs were transferred from the Office of Motor Vehicles in the Department of Public Safety (DPS). They were grandfathered in by Louisiana Revised Statutes section 49:994(C). As a result of retirements over the years, at present only one non-attorney ALJ remains who continues to handle only DPS cases.
-
When the DAL began, a few non-attorney ALJs were transferred from the Office of Motor Vehicles in the Department of Public Safety (DPS). They were "grandfathered in" by Louisiana Revised Statutes section 49:994(C). As a result of retirements over the years, at present only one non-attorney ALJ remains who continues to handle only DPS cases.
-
-
-
-
88
-
-
48949100925
-
-
§ 49:994(A). Most ALJs hired have ten to twenty or more years of experience practicing law. Louisiana Acts Number 23 of the 2008 First Extraordinary Session of the Louisiana Legislature requires additional qualifications for DAL ALJs who hear Louisiana Board of Ethics adjudications: not less than two years of experience as an ALJ or not less than ten years experience in the practice of law. § 42:1141(C)(4)(a) (effective August 15, 2008).
-
§ 49:994(A). Most ALJs hired have ten to twenty or more years of experience practicing law. Louisiana Acts Number 23 of the 2008 First Extraordinary Session of the Louisiana Legislature requires additional qualifications for DAL ALJs who hear Louisiana Board of Ethics adjudications: not less than two years of experience as an ALJ or not less than ten years experience in the practice of law. § 42:1141(C)(4)(a) (effective August 15, 2008).
-
-
-
-
89
-
-
48949085795
-
-
§ 49:992C
-
§ 49:992(C).
-
-
-
-
90
-
-
48949096901
-
-
Application for an ALJ position begins like other civil service positions: It is announced and posted on the Department of Civil Service's website for a limited time period, and applicants must complete and submit the standard SF-10 form to human resource personnel. Employees of the Department of Civil Service initially review the applications for compliance with their rules, and then a list of applicants is forwarded to DAL supervisors for screening. Writing samples are reviewed, interviews are conducted, and a test of decision writing and computer usage skills is given. The candidate's background, references, standing with the bar, and any bar disciplinary actions or ethics complaints may be checked.
-
Application for an ALJ position begins like other civil service positions: It is announced and posted on the Department of Civil Service's website for a limited time period, and applicants must complete and submit the standard SF-10 form to human resource personnel. Employees of the Department of Civil Service initially review the applications for compliance with their rules, and then a list of applicants is forwarded to DAL supervisors for screening. Writing samples are reviewed, interviews are conducted, and a test of decision writing and computer usage skills is given. The candidate's background, references, standing with the bar, and any bar disciplinary actions or ethics complaints may be checked.
-
-
-
-
91
-
-
48949084017
-
-
Occasionally, flex time or part-time hours are granted
-
Occasionally, flex time or part-time hours are granted.
-
-
-
-
92
-
-
48949100017
-
-
§ 49.994B
-
§ 49.994(B).
-
-
-
-
93
-
-
48949086864
-
-
See, X, § 1
-
See LA. CONST. art. X, § 1.
-
-
-
LA1
CONST2
art3
-
94
-
-
48949099354
-
-
See LA. CONST. art. X, § 9; LA. CIVIL SERV. R. CH. 14.1(e)-(g) (2008); STATE OF LA., DEPT. OF STATE CIVIL SERV., GENERAL CIRCULAR NO. 001691 (Apr. 24, 2007), available at http://www.civilservice.la.gov/PROGASST/ Gencirc/GENCIRC07/001691.htm.
-
See LA. CONST. art. X, § 9; LA. CIVIL SERV. R. CH. 14.1(e)-(g) (2008); STATE OF LA., DEPT. OF STATE CIVIL SERV., GENERAL CIRCULAR NO. 001691 (Apr. 24, 2007), available at http://www.civilservice.la.gov/PROGASST/ Gencirc/GENCIRC07/001691.htm.
-
-
-
-
95
-
-
48949091702
-
-
See LA. REV. S4. ANN. § 49:994(D) (2008) (granting the ALJs power to conduct telephone or video hearings and to continue hearings for witnesses called to military service).
-
See LA. REV. S4. ANN. § 49:994(D) (2008) (granting the ALJs power to conduct telephone or video hearings and to continue hearings for witnesses called to military service).
-
-
-
-
96
-
-
48949103386
-
-
See § 49:956.
-
See § 49:956.
-
-
-
-
97
-
-
48949106754
-
-
Beal, supra note 10, at 135 (citing Lewis v. Guar. Fed. Sav. & Loan Ass'n, 483 S.W.2d 837, 843 (Tex. Civ. App. 1972)).
-
Beal, supra note 10, at 135 (citing Lewis v. Guar. Fed. Sav. & Loan Ass'n, 483 S.W.2d 837, 843 (Tex. Civ. App. 1972)).
-
-
-
-
98
-
-
48949086251
-
-
See §§ 49:992(B)(2)-(3); 49:958.
-
See §§ 49:992(B)(2)-(3); 49:958.
-
-
-
-
99
-
-
48949103511
-
-
893 So. 2d 746 (La. 2005).
-
893 So. 2d 746 (La. 2005).
-
-
-
-
100
-
-
48949090145
-
-
§§ 42:1101-70 (detailing the Louisiana Code of Governmental Ethics).
-
§§ 42:1101-70 (detailing the Louisiana Code of Governmental Ethics).
-
-
-
-
101
-
-
48949096118
-
-
See LA. STATE BAR ARTICLES OF INCORPORATION, art. 16 (2007); LA. RULES OF PROF. CONDUCT; LA. REV. STAT. ANN. § 37:222 (2008).
-
See LA. STATE BAR ARTICLES OF INCORPORATION, art. 16 (2007); LA. RULES OF PROF. CONDUCT; LA. REV. STAT. ANN. § 37:222 (2008).
-
-
-
-
102
-
-
48949091058
-
-
Last revised in 2004, it is based upon all of the following: the Model Code of Judicial Conduct as adopted by the American Bar Association on August 7, 1990; the February 1989 Model Code of Judicial Conduct for Federal ALJs; the Model Code of Judicial Conduct for State ALJs adopted by the National Association of ALJs; and the Model Code of Judicial Conduct for State Central Panel ALJs.
-
Last revised in 2004, it is based upon all of the following: the Model Code of Judicial Conduct as adopted by the American Bar Association on August 7, 1990; the February 1989 Model Code of Judicial Conduct for Federal ALJs; the Model Code of Judicial Conduct for State ALJs adopted by the National Association of ALJs; and the Model Code of Judicial Conduct for State Central Panel ALJs.
-
-
-
-
103
-
-
48949085675
-
-
LA. REV. STAT. ANN. § 49:996(4) (2008).
-
LA. REV. STAT. ANN. § 49:996(4) (2008).
-
-
-
-
104
-
-
48949102151
-
-
During the floor debate on House Bill 41 Rep. Norton stated that using DAL ALJS is an excellent idea since the Judge would be better able [than the agency] to make a call; know what they are doing. House of Representatives Floor Debate on H.B. 41, 2008 1st Extra. Sess. (now La. Acts No. 23), Feb. 15, 2008.
-
During the floor debate on House Bill 41 Rep. Norton stated that using DAL ALJS is "an excellent idea" since "the Judge would be better able [than the agency] to make a call; know what they are doing." House of Representatives Floor Debate on H.B. 41, 2008 1st Extra. Sess. (now La. Acts No. 23), Feb. 15, 2008.
-
-
-
-
105
-
-
48949094266
-
-
§ 49:997(F) (providing that performance reviews are confidential documents).
-
§ 49:997(F) (providing that performance reviews are confidential documents).
-
-
-
-
106
-
-
48949095467
-
-
§ 49:997
-
§ 49:997.
-
-
-
-
107
-
-
48949092981
-
-
§§ 44:1-427
-
§§ 44:1-427.
-
-
-
-
108
-
-
42149179454
-
-
See § 49:992(A)2, §§ 49:950-99.25
-
See § 49:992(A)(2). See generally §§ 49:950-99.25.
-
See generally
-
-
-
109
-
-
48949101414
-
-
LA. ADMIN. CODE tit. I, pt. III, ch. 1-7 (2007).
-
LA. ADMIN. CODE tit. I, pt. III, ch. 1-7 (2007).
-
-
-
-
110
-
-
48949104826
-
-
§ 49:998
-
§ 49:998.
-
-
-
-
111
-
-
48949083636
-
-
§ 49:999
-
§ 49:999.
-
-
-
-
112
-
-
48949099480
-
-
§ 49:958 (requiring that decisions be delivered to the parties).
-
§ 49:958 (requiring that decisions be delivered to the parties).
-
-
-
-
113
-
-
48949093357
-
-
[T]he power of government is so overwhelming that if government is allowed to take any case they want to the Supreme Court, no one will be able to afford to even begin to participate. Minutes of the Senate and Governmental Affairs Committee meeting June 9, 1999 on HB 2206 (La. Acts No. 1332) (remarks in support of the bill by its author, Rep. Charles Lancaster).
-
"[T]he power of government is so overwhelming that if government is allowed to take any case they want to the Supreme Court, no one will be able to afford to even begin to participate." Minutes of the Senate and Governmental Affairs Committee meeting June 9, 1999 on HB 2206 (La. Acts No. 1332) (remarks in support of the bill by its author, Rep. Charles Lancaster).
-
-
-
-
114
-
-
48949105340
-
State Farm Ins
-
Co, 893 So. 2d 746 La
-
Wooley v. State Farm Ins. Co., 893 So. 2d 746 (La. 2005).
-
(2005)
-
-
Wooley, V.1
-
115
-
-
48949106388
-
-
Although the author was initially asked to submit an article justifying the Wooley decision from the DAL's perspective and responding to its critics, in the author's view the decision is self-explanatory and needs no defense. A similar suit was unsuccessful in federal court by the next Commissioner of Insurance who sought to have the decisional finality provisions declared unconstitutional, this time under the U.S. Constitution. Donelon vs. La. Div. of Admin. Law, ex rel. Wise, No. 07-30482, 2008 WL 821000 (5th Cir. 2008) reh'g denied Apr. 24, 2008, affirming the district court's decision to dismiss the case without a hearing based upon Donelon's lack of standing to bring the cause of action; the district court had dismissed based upon Eleventh Amendment sovereign immunity
-
Although the author was initially asked to submit an article justifying the Wooley decision from the DAL's perspective and responding to its critics, in the author's view the decision is self-explanatory and needs no defense. A similar suit was unsuccessful in federal court by the next Commissioner of Insurance who sought to have the decisional finality provisions declared unconstitutional, this time under the U.S. Constitution. Donelon vs. La. Div. of Admin. Law, ex rel. Wise, No. 07-30482, 2008 WL 821000 (5th Cir. 2008) reh'g denied (Apr. 24, 2008) (affirming the district court's decision to dismiss the case without a hearing based upon Donelon's lack of standing to bring the cause of action; the district court had dismissed based upon Eleventh Amendment sovereign immunity).
-
-
-
-
116
-
-
48949086618
-
-
See Goldberg v. Kelly, 397 U.S. 254 (1970); see also Wilson v. City of New Orleans, 479 So. 2d 891 (La. 1985).
-
See Goldberg v. Kelly, 397 U.S. 254 (1970); see also Wilson v. City of New Orleans, 479 So. 2d 891 (La. 1985).
-
-
-
-
117
-
-
48949107014
-
-
See Butler v. Dep't of Pub. Safety & Corrs., 609 So. 2d 790 (La. 1992) (holding that the fact that the ALJ was employed by and subject to supervision by the same agency which suspended respondent's license did not violate due process).
-
See Butler v. Dep't of Pub. Safety & Corrs., 609 So. 2d 790 (La. 1992) (holding that the fact that the ALJ was employed by and subject to supervision by the same agency which suspended respondent's license did not violate due process).
-
-
-
-
118
-
-
48949104041
-
-
Jeff Bush & Kristal Wiitala Knutson, The Building and Maintenance of Ethics Walls in Administrative Adjudicatory Proceedings, 24 J. NAT'L ASS'N ADMIN. L. JUDGES 1 (2004).
-
Jeff Bush & Kristal Wiitala Knutson, The Building and Maintenance of "Ethics Walls" in Administrative Adjudicatory Proceedings, 24 J. NAT'L ASS'N ADMIN. L. JUDGES 1 (2004).
-
-
-
-
119
-
-
48949099353
-
-
See, for example, the protracted procedural history of Doc's Clinic v. State ex rel. Department of Health & Hospitals, 07-0480, 2007 WL 3246228 (La. App. 1st Cir. 2007, writ denied 974 So. 2d 665 (La. 2008, On October 26, 2000, the Department of Health and Hospitals (DHH) issued a violation letter to Doc's Clinic. Id. at 3. A thirteen day administrative appeal hearing was conducted beginning in December 2001 and ending in January 2002 and submitted for decision after briefing on February 25, 2002. Id. at 4. More than one year later, March 23, 2003, the ALJ submitted a 155 page proposed decision to the DHH secretary wherein he reversed the department's decision. Id. The secretary adopted the findings of fact but rejected most conclusions of law; Doc's appealed to the district court, where the judge concluded that the DHH secretary had acted arbitrarily and capriciously in signing a decision without first reviewing the entire administrative
-
See, for example, the protracted procedural history of Doc's Clinic v. State ex rel. Department of Health & Hospitals, 07-0480, 2007 WL 3246228 (La. App. 1st Cir. 2007), writ denied 974 So. 2d 665 (La. 2008). On October 26, 2000, the Department of Health and Hospitals (DHH) issued a violation letter to Doc's Clinic. Id. at 3. A thirteen day administrative appeal hearing was conducted beginning in December 2001 and ending in January 2002 and submitted for decision after briefing on February 25, 2002. Id. at 4. More than one year later, March 23, 2003, the ALJ submitted a 155 page proposed decision to the DHH secretary wherein he reversed the department's decision. Id. The secretary adopted the findings of fact but rejected most conclusions of law; Doc's appealed to the district court, where the judge concluded that the DHH secretary had "acted arbitrarily and capriciously in signing a decision without first reviewing the entire administrative record." Id. at 5. After almost five years of remands and appeals, the original ALJ decision was basically upheld and DHH was assessed court costs and attorney fees.
-
-
-
-
120
-
-
48949100163
-
-
Hardwicke & Ewing, supra note 36, at 232. The authors also elegantly respond to the loss of agency expertise argument by opponents of central panels. Id. at 238.
-
Hardwicke & Ewing, supra note 36, at 232. The authors also elegantly respond to the "loss of agency expertise" argument by opponents of central panels. Id. at 238.
-
-
-
-
121
-
-
48949099230
-
-
A good listing of central panels' benefits is made by Allen Hoberg, Administrative Hearings: State Central Panels in the 1990s, 46 ADMIN. L. REV. 75, 76-77 (1994).
-
A good listing of central panels' benefits is made by Allen Hoberg, Administrative Hearings: State Central Panels in the 1990s, 46 ADMIN. L. REV. 75, 76-77 (1994).
-
-
-
-
122
-
-
48949098633
-
-
There have been many instances where agencies, boards, and commissions that could claim an exemption under the DAL Act have asked DAL to handle certain cases, which were especially delicate or contentious, or when there existed too many conflicts of interest among their board members
-
There have been many instances where agencies, boards, and commissions that could claim an exemption under the DAL Act have asked DAL to handle certain cases, which were especially delicate or contentious, or when there existed too many conflicts of interest among their board members.
-
-
-
-
123
-
-
48949097801
-
-
The success of the DAL would not have been possible without the hard work, skill, professionalism, and dedication to providing good public service of the judges and operational support staff. With respect and gratitude, I dedicate this article to them
-
The success of the DAL would not have been possible without the hard work, skill, professionalism, and dedication to providing good public service of the judges and operational support staff. With respect and gratitude, I dedicate this article to them.
-
-
-
-
124
-
-
48949107415
-
-
note 10, at, The author thanks Judge Ewing for permission to freely use his excellent articles about the formation of the Oregon panel, which were most instructive. Also thanks to Chief Judge Julian Mann of North Carolina's central panel, for his outstanding advice and guidance
-
Ewing, Oregon's Panel, supra note 10, at 89. The author thanks Judge Ewing for permission to freely use his excellent articles about the formation of the Oregon panel, which were most instructive. Also thanks to Chief Judge Julian Mann of North Carolina's central panel, for his outstanding advice and guidance.
-
Oregon's Panel, supra
, pp. 89
-
-
Ewing1
|