The NAALJ NewsVolume 13, Number 2 The Newsletter of the National Association Of Administrative Law Judges August 2002

MARYLAND CHIEF ALJ HARDWICKE RETIRES“Administrative Law in Maryland is

one he** of a mess”. With these stirringwords, I began my introduction into the fieldof administrative law. They were uttered by aProfessor at the University of BaltimoreSchool of Law when introducing a seminarsometime during the summer of 1987.

The 1989 Maryland General Assemblyapparently heard those words, or otherssimilarly, although quite possibly more artfullyphrased. Prior to that time, individual agenciesconducted their own hearings, conducted byemployees of the same agency whose actionwas being appealed. The Legislature createdthe Maryland Office of AdministrativeHearings, the State’s first central Panel.

Governor William Donald Schaefer wasa proponent of the Central Panel concept. Thecentral panel was to be created from thehearing units of a wide variety of agencies.The initial 74 Administrative Law Judges wereselected from the Hearing Officers andHearing Examiners employed by the affectedagencies. To lead this diverse and disparateaggregation, Governor Schaefer appointedJohn Webster Hardwicke.

Judge Hardwicke was born in Winston-Salem,North Carolina on April 10, 1927. He enteredthe University of North Carolina, byexamination, in June 1943 and, aftercompleting 3 years, in the fall of 1945commenced teaching in the public schools inNorth Carolina where he was an Instructor inLatin, English and History. After finishing hisDegree at the University of North Carolina,Chapel Hill in 1950, he worked toward aMasters Degree in Ancient History prior toentering law school. He graduated from theGeorge Washington University Law School inWashington, DC in May 1953 and wasadmitted to the Maryland Bar that year. Heserved as Assistant Counsel to the Controllerof the Currency in Washington from 1953-55;he was an Associate with the firm of Piper andMarbury in Baltimore from 1955-57. From1957 until 1989 he was engaged in the generalpractice of law in the City of Baltimore and inHarford County, Maryland..

Hon. John W. Hardwicke

Judge Hardwicke has been an adjunctprofessor of undergraduate business law at theJohns Hopkins University commencing in theearly 1950s. In 1998, he received an awardrecognizing his over 40 years of outstandingcontributions to various undergraduateprograms. He has continued to teach at JohnsHopkins University and was selected as therecipient of the University’s Excellence inTeaching Award for the year 1998.

Judge Hardwicke has long been active inState and local government. He was an electedMember of the Maryland House of Delegatesfrom Harford County, 1962-66. He was alsoelected as a Member of Maryland'sConstitutional Convention from HarfordCounty, 1967-68; a member at-large of theHarford County Council from 1972-74 andelected as the President of the Harford CountyCouncil for three successive terms, 1978-90.

During his tenure as Maryland’s ChiefAdministrative Law Judge, Judge Hardwickeremained active in professional and academicactivities. He was appointed as a member ofthe Maryland Commission to Revise theAdministrative Procedure Act. ThatCommission resulted in the introduction of abill, the final version of which passed bothHouses unanimously April, 1993. JudgeHardwicke was reappointed to a second sixyear term as Chief ALJ by Gov. Parris N.Glendenning beginning January 1, 1996

With Robert W. Emerson, JudgeHardwicke co-authored a textbook titledBusiness Law, which is published nationallyand internationally by Barron's EducationalSeries, Inc.

Judge Hardwicke became active in theNational Association of Administrative LawJudges from the time of his appointment. Hewas selected as the winner of the NationalAdministrative Law Judges FoundationFellowship award in 1994 for his treatise “TheCentral Hearing Agency – Theory andImplementation in Maryland.” Also that year,Judge Hardwicke was largely responsible forhosting the NAALJ annual meeting inMaryland which was based in the Inner Harborarea of Baltimore City. In 1996 JudgeHardwicke was elected as the President ofNAALJ. Since that time he has chaired andbeen an member of numerous committees andother activities.

In addition to his Fellowship paper,Judge Hardwicke has authored many articleson Administrative Law including “The CentralPanel Movement: Problems, Solutions andEthical Considerations,” which was publishedin the October 2000 issue of the New YorkState Bar Association's, Government, Lawand Policy Journal; and “The Central PanelMovement: A Work in Progress,” which waspublished in the Administrative Law Reviewof the American Bar Association.

On June 19, 2002, the Maryland OAHheld a retirement gathering for JudgeHardwicke, during the course of which theOffice’s main Courtroom was dedicated andrenamed the John W. Hardwicke Courtroom.A large portrait has been commissioned andwill be added to the room when complete. Atthe ceremony, former NAALJ President, andChief ALJ for the State of North CarolinaJulian Mann read the formal resolutionunanimously passed by the NAALJ Board ofGovernors at the recent mid-year meetingcommending Judge Hardwicke for his years ofservice, the text of which can be foundelsewhere in this newsletter. We of thenewsletter staff wish Judge Hardwicke a happyretirement, and hope that he will remain activein NAALJ for many years to come.

THE

PRESIDENT’S

COLUMN

By Larry Craddock

HOBNOBBING WITH FELLOWWIZARDS: A REPORT ON THE2002 MIDYEAR CONFERENCE

IN MINNEAPOLIS

"And in that balloon, my dear Dorothy,you and I will return to the land of EPluribus Unum . . . to confer, converse,and otherwise hobnob with my brotherwizards." -- From the Wizard of Oz (MGM1939).

On June 8, the NAALJ Board of Governorsmet in Minneapolis. The Board held itsmeeting in conjunction with the annualeducational conference cosponsored with theABA Judicial Division National Conference ofAdministrative Law Judges. Ken Nicholai andhis Minnesota Office of AdministrativeHearings staff put this year’s conferencetogether. The conference theme was“Becoming a Better Judge.” The conferencewas heavily interactive. It made good use ofstate-of-the-art University of Minnesota LawSchool classroom facilities. Faculty includedjudicial ethics expert, Cynthia Gray, of theAmerican Judicature Society, law schoolprofessors, ALJs, trial court, and appellatejudges from all over the United States. Inaddition to offering excellent training, therewas plenty of opportunity to hobnob andexchange information with brother and sister“wizards.” Tours of the West Grouppublishing complex were also available. TheBoard's business meeting focused on makingNAALJ more responsive to needs and desiresof our rank and file membership. In the futureindividual Board members will each beresponsible for a district that will include sixor seven states. The Board hopes thisdecentralization of authority to individualboard members will make NAALJ moreresponsive and that it will help NAALJcapitalize more fully on the suggestions,knowledge, and creativity of our members.The individual Board members will be liaisonswith the state affiliates and individualmembers within their districts. One of theother articles in this newsletter outlines theboundaries of the initial districts. SteveMihalchik will head a committee that willdefine board members' duties vis-a-vis theirdistricts. The Board looks forward toreceiving Steve’s report.

If you or your organization want helpputting together an event, forming an affiliate,or just getting the word out about somethinggoing on in your jurisdiction, please contactyour district Board representative for help.

The Board is also trying to “work outbugs” in the NAALJ bylaws and to adoptresolutions on issues of importance to ALJs.Lois Oakley of Georgia and Julian Mann ofNorth Carolina chair the NAALJ bylaws andresolutions committee. I have recently addedMarc Burns of Texas and Marc Zylberberg ofNew York to the committee. The committee issoliciting input from members. Please see theseparate article in the newsletter about this.

Several of you have inquired as to theimplementation schedule on the new duesincrease and change in the fiscal year. Forthose of you whose NAALJ membership wascurrent on the date that the dues increasepassed, the new dues increase kicks-in as soonas your last year dues expire. The change inthe fiscal year will be effective on the first dayof July following that date. The Board willwork with individual chapters that haveproblems phasing in the dues increase to makethe process as smooth as possible.

NAALJ continues to work on behalf ofall ALJs and the public interest. Together wecan make a difference. Although NAALJ hashad to raise its dues slightly to cover inflationand increased costs and increasedresponsibilities, NAALJ dues are stillsubstantially less than you would pay tobelong to other similar professionalorganizations.

In closing I want to pay tribute to myfriend and mentor, John Hardwicke, whorecently stepped down as the ChiefAdministrative Law Judge of Maryland afterserving two six-year terms. John has been agood friend and mentor to a whole generationof ALJs. No one has worked harder orcontributed more to NAALJ than John hasover the years. The administrative judiciaryhas profited enormously from John'scontributions to our organization and to ourprofession. We thank John and look forwardto working with him in the future.

Please let me and the other officers andboard members hear from you. You can writeus individually at the e-mail addresses listedon the website or collectively care of oursecretariat at NAALJ@aol.com. Wehope to see you in Kentucky. – Larry

NAALJ RESOLUTIONHONORING JOHN W.

HARDWICKEThe following resolution was unanimously passed bythe NAALJ Board of Governors at the Mid-YearMeeting on June 8, 2002:

WHEREAS in 1989, Maryland’s GovernorWilliam Donald Schaefer, recruited JohnHardwicke to serve as the inaugural ChiefAdministrative Law Judge for the State ofMaryland’s Office of Administrativehearings; and

WHEREAS, John Hardwicke diligently andproficiently crafted what his peer directors inthe United States have described as the“Cadillac” of Central Panels, not only in themagnitude and scope of its jurisdiction, but inthe quality of its adjudicatory services; and

WHEREAS, John Hardwicke has given ofhimself sacrificially in time and service toboth emerging and existing central paneldirectors and chief judges throughout theUnited States with both personal and grouptraining, advice, support, and continuingeducation programs designed to unselfishlyshare his ingredients for success in Maryland;and

WHEREAS, John Hardwicke has authorednumerous scholarly articles, published in thebest legal journals in the United States,promoting the independence of central panelsand advocating their creation to secure theliberty of due process of law to averagecitizens of both states and municipalities, justas he has accomplished for the citizens ofMaryland; and

WHEREAS, John Hardwicke has appearedin numerous national administrative lawforums over the past decade and a half,teaching, educating, debating, and advancinggenerally the constitutional purposes ofcentral panels; and

WHEREAS, John Hardwicke has served asboth the President of the National Associationof Administrative Law Judges and Chair-Elect of the National Conference ofAdministrative Law Judges of the AmericanBar Association, and in both capacitiespassionately advanced the cause of centralpanels in the United States;

NOW, THEREFORE, BE IT RESOLVEDthat the National Association ofAdministrative Law Judges bestows uponChief Judge John Hardwicke its highestexpression of professional recognition for hisuntiring commitment to excellence, not onlyin the operation of the Maryland Office ofAdministrative Hearings, but for theadvancement of the cause of central panelsthroughout the United States.

NAALJ BOARD OFGOVERNORS RESTRUCTURED

By Larry Craddock

At the Minneapolis Mid-Year meeting inJune, the NAALJ Board of Governorsapproved a trial plan under which each boardmember (except for the officers) will becomeresponsible for a district of from six to sevenstates. Each Board member will beresponsible for mentoring members, potentialmembers, affiliates or potential affiliateswithin his or her district.

The Initial district assignments are as follows:

Tyrone Butler - New York, Connecticut,Maine, Massachusetts, New Hampshire,Vermont and Rhode Island;

Mike Nolan - Maryland, Pennsylvania,Delaware, the District of Columbia, Michigan,New Jersey, and Ohio;

Sammie Chess - South Carolina, NorthCarolina, Virginia, West Virginia, Indiana, andKentucky;

Ann Breen-Greco -Illinois, Wisconsin, Iowa,Kansas, Missouri, and Oklahoma;

Lois Oakley -Georgia, Florida, Alabama,Arkansas, Louisiana, Mississippi, andTennessee;

Shelia Bailey-Taylor - Texas, New Mexico,Colorado, Arizona, Utah, and Wyoming;

Steve Mihalchik - Minnesota, Nebraska,North Dakota, South Dakota, Montana, andIdaho; and

Bill Dorsey - California, Nevada, Oregon,Washington, Alaska, and Hawaii.

The Board hopes that this change willstrengthen NAALJ by spreading authority andthe workload more evenly among boardmembers. The Board also hopes that thischange will make NAALJ more responsive tomember and affiliate needs and concerns. Itwill relieve the officers of some of the detailinvolved in running the organization. It willprovide an opportunity for individual NAALJBoard members to assume more activeleadership roles. Finally, the new arrangementwill give members and affiliates a specificboard member to turn to when they needassistance from the Board.

REPORT OF THENOMINATING COMMITTEE

By R. Bryan McDaniel

The election for officers and Board memberswill occur at the annual membership meetingin Lexington, Kentucky on Monday, October21, 2002. The Nominating Committee ofNAALJ nominates the following candidatesfor officers and members of the Board ofGovernors for 2002 – 2003. Nominations mayalso be made from the floor.

Officers –(One year term, Expiring in 2003)

President Elect: Hon. ChristopherGraham, AdministrativeHearing Commission,Jefferson City, Missouri

Secretary : Hon. Donna “Susie”Bargo, Cabinet forFamilies and Children,London, Kentucky

Treasurer: Hon. Tyrone T. Butler,New York Department ofHealth, Troy New York

Board of Governors –(Two Year Term, Expiring in 2004)

Hon. David Brunke, Texas Motor VehicleCommission, Austin,Texas

Hon. David Marcus, Oregon Hearing OfficerPanel, Salem, Oregon

Hon. Errol Powell, Division ofAdministrative Hearings, Florida

Hon. Jacqueline Watts, Division ofAdministrative Law, Baton Rouge, Louisiana

Incumbent Officers:

Hon. Larry Craddock:Texas Finance Commission automaticallybecomes the ex-officio Past President at thecompletion of his term as President.

Hon. Janet Thompson:Natural Resources, Office of AdministrativeHearings, Frankfort, Kentucky, automaticallybecomes President by virtue of her currentOffice as President-Elect

Incumbent Board Members -the second year of a two-year term

Hon. William Dorsey, US Department ofLabor, Office of Administrative Law Judges,San Francisco, California

Hon. Steve M. Mihalchick, Office ofAdministrative Hearings, Minneapolis,Minnesota

Hon. A. Michael Nolan, Office ofAdministrative Hearings, Hunt Valley,Maryland

Hon. Lois F. Oakley, Office of StateAdministrative Hearings, Atlanta, Georgia

Respectfully SubmittedThe Nominating Committee

Hon. R. Bryan McDaniel, ChairHon. Anne Breen-Greco, Vice-ChairHon. Janet ThompsonHon Mark ZylberbergHon. Georgia Brady

MARYLAND'S NEW CHIEFADMINISTRATIVE LAW JUDGE

By Noreen Lynch

Hon. Thomas E. Dewberry wasappointed Chief Administrative Law Judge ofthe Maryland Office of Administrative

Hearings on May 10,2002. JudgeDewberry has been amember of the Houseof Delegates, in theMaryland legislature,since 1990. Also, forthe past twenty threeyears, JudgeDewberry served as asenior hearingexaminer with the

Maryland Public Service Commission. Hislegislative and adjudicative experience areoutstanding qualifications to oversee theOffice of Administrative Hearings. JudgeDewberry has been representing the citizensof Baltimore County, Maryland and has earnedthe respect of his peers for his extensiveknowledge of state government, legal expertiseand his sense of fairness and inclusion.

Judge Dewberry reports that he is 'veryexcited that he has been given the opportunityto embark on this new course in hisprofessional career'. Judge Dewberry is amember of both NAALJ and MAAA and isvery supportive of the objectives of bothorganizations. Maryland welcomes Thomas E.Dewberry as our new chief judge. He looksforward to meeting NAALJ members at theannual meeting in Kentucky in October, 2002.Please help us welcome and congratulateJudge Dewberry on his appointment.

HORSING AROUND INKENTUCKY

NAALJ ANNUAL CONFERENCELEXINGTON, KENTUCKY

OCTOBER 19-23, 2002

By James L. Dickinson

The 2002 KAAA \ NAALJ Committee iseagerly anticipating your arrival to Lexington,Kentucky, on October 19-23 for the 28th

NAALJ Annual Conference. The theme ofthis year’s conference is “When Winning Isn’tEverything-Resolving Disputes with Justicefor All.” You can check out the wide variety ofprogram topics and download a copy of theregistration form at our website,http://www.kyaaa.org/ The conference hasbeen accredited for 14.75 CLE hours, butwe have submitted a revised applicationasking for 15.75 hours. If you have notregistered for the conference, you need to doso as soon as possible, in order to takeadvantage of the regular registrationmembership rate of $325 (Non-members -$350). After September 1, 2002, the lateregistration fee for NAALJ members will be$350. (Non-members $375). For those whoneed it, our tax ID number is 61-1327730.

Hotel space is beginning to fill up, so weurge you to make your reservations at our hosthotel the Radisson Plaza, as soon as possible.The discounted room rate is $124 single/double; $134 double/ quad. Reservations maybe made at 800.333.3333, or click here toreserve online. To receive the discountedConference hotel reservations, use the specialpromotional code “NALJ” (not NAALJ). Thelocal hotel telephone number is859.231.9000 (we apologize for the typo in thebrochure). The contact person is MichaelRussell. Registrations must be made bySeptember 1, 2002, in order to receive thediscounted room rate.

Hotel space is limited for Friday andSaturday nights. If you are told that the hotelis full, please call immediately either JanetThompson or Jim Dickinson at 502.564.7312.Usually, but not always, they can work amiracle or two. E-mail addresses areJanet.Thompson@mail.state.ky.us andJames.Dickinson@mail.state.ky.us.

SPECIAL EVENTS

Now that we have those pesky detailsout of the way, let’s talk about all the funthings we will be offering for your pleasureand entertainment. Although we know you aredefinitely interested in continuing your legaleducation and becoming an even betteradministrative adjudicator (much more aboutthat later on in this article) there is no reasonwhy you can’t have a little fun while you aredoing it. For your entertainment, we haveassembled a virtual smorgasbord of specialevents (at a very reasonable price) which wethink you find enticing and just plain fun.

SATURDAY, OCTOBER 19, 2002.

On what we hope will be a gorgeousAutumn day, we are offering two options: thethrill of watching magnificent thoroughbredsracing for first place from a prime vantagepoint or a tour of the Bluegrass region ofKentucky when the weather and fall foliage isat its best.

HORSING AROUND: Experience the thrill ofsome of the world’s most prestigiousThoroughbred racing at Keeneland, a NationalHistoric Landmark located in the heart ofBluegrass country. Keeneland is one of thefew racetracks in America where you can getup close and personal with magnificent horsesas they enter the Paddock—said to be one ofthe most beautiful places in central Kentucky.Once the races begin, you’ll watch all theaction and enjoy a delicious lunch buffet fromyour table in the Lexington Room, situatedhigh atop the grandstand. Best of Luck!

BUSES DEPART AT 11:00 A.M. RETURN AT6:00 P.M. COST IS $60 PERSON.

Seating is limited in the Lexington Room,and accommodations can only be made for thefirst 70 persons who pay for this event. Coat

and tie are required for guests in theLexington Room.

Historic Tours: As you begin your scenic ridethrough Horse Country, you’ll stop for aguided tour of Three Chimneys Farm. Situatedon approximately 1,500 acres, ThreeChimneys was home to the only undefeatedTriple Crown winner in history, Seattle Slew,and is the home of Kentucky Derby winnerSilver Charm. From the horse farm you’lltravel to Woodford County to tour Labrot &Graham Distillery, a National HistoricLandmark and home to Woodford Reservebourbon. Next, it’s off to Frankfort for acatered lunch in the Music Room of Berry HillMansion, former home of distiller GeorgeFranklin Berry. The mansion is situated on aprominent western bluff overlooking the stateCapitol. While in Frankfort, you’re sure tosatisfy your sweet tooth with a tour of theRebecca Ruth candy factory, where worldfamous Bourbon Chocolates are made. You’ll

wrap up the afternoon with a narrated tour ofFrankfort’s historic sites including DanielBoone’s grave, the Floral Clock, the KentuckyHistory Center and both the new and historiccapitol buildings. Enjoy!

Buses depart at 8:15 a.m. Return 4:15 p.m.Cost is $55.00 per person.

SUNDAY, OCTOBER 20, 2002.

On an equally beautiful Sundaymorning, we are offering two very differentevents: one which will appeal to people wholove having a good hearty breakfast in ahistoric setting; the other event is designed forthe many golfers in our association who find adifficult, premier golf course to be somethingakin to Nirvana.

Shaker Village: Begin your morning with ahearty country buffet breakfast at ShakerVillage, a premier living history museumwhere costumed interpreters chronicle Shakerlife. Enjoy a self-guided tour of the 33original 19th century buildings and 2,800 acresof farmland. You’ll marvel at the extensivecollection of original Shaker furniture, watchskilled artisans practice their trades, and listento Shaker music being performed in the 1820Meeting House at Pleasant Hill.

Buses depart at 7:00 a.m. Return 12:00 p.m.Cost: $39 per person.

Golf Outing: All golf enthusiasts will enjoythe pleasure of a morning in the rolling hills ofthe bluegrass at Kearney Hill Golf Links, aScottish links style course characterized byopen rolling terrain, deep sand, grass bunkers,and few trees. The course was designed byforemost golf architect, Pete Dye and hosted astop on the Senior PGA tour from 1990 to1997. It has been rated in the top 10 best golfcourse in Kentucky by Golf Digest magazine.

Buses depart at 7:00 a.m. Return at 12:00p.m.nCost: $55 per person.

RESERVE YOUR SPECIAL EVENTS NOW!!!

There are still plenty of spacesavailable for all the events, but we expect tosell out soon. So, unlimber your checkbookand include with your registration fee, a checkfor the special events, or if you have alreadyregistered, you can send a check for the specialevents directly to UK \ CLE, Room 260,College of Law, University of Kentucky,Lexington, Ky 40506-0048. Just mark on acopy of your registration form or in the memoportion of your check, the events you wouldlike to reserve.

If you need more information about aspecial event, feel free to e-mail Lori Eisele atLori.Eisele@mail.state.ky.us or call her at502-564-6621.

PROGRAM

Although the emphasis of this article hasbeen on the “fun” things you can do inKentucky, there is no discounting theimportance of also having a top-notchprogram. After all, the point of thisconference, consistent with the mission ofNAALJ, is to provide a high qualityeducational opportunity for our members. Infact, this conference is one of the few eventsspecifically designed to meet the needs of anadministrative adjudicator. To that end, the2002 Conference, with its theme, "WhenWinning Isn't Everything-Resolving Disputeswith Justice for All," promises to provideinteresting and educational programs for bothadministrative adjudicators and practitioners,regardless of their experience level or the typeof cases they hear or practice.

SUNDAY, October 20, 2002:

Leading off the conference Sundayafternoon will be a lively skit series withdiscussion and audience participationmoderated by Prof. Steve Stephens, ChaseLaw School, Northern Kentucky University,and Lori Davis, Kentucky Health ServicesHearing Officer.

MONDAY, October 21, 2002

First thing Monday morning,registrants will be inspired by the keynotespeech entitled, “When Winning Isn’tEverything-the Judge’s Role in DeterminingWhether Hardball is Fair Play,” by Professorand former Dean of the University ofLouisville Brandeis Law School, DonaldBurnett. Two alternative tracks will follow onMonday morning. One track features state andfederal administrative case law updates byProfessor Greg Ogden of PepperdineUniversity School of Law, and by ProfessorMichael Healey, University of KentuckyCollege of Law. The other track, a paneldiscussion moderated by Susan Durant,Hearing Officer, Kentucky Office of theAttorney General, will provide demonstrationsof different mediation styles, comparing theirstrengths with the benefit of using arbitration.

Hon. Joseph Hood, U.S. District CourtJudge for the Eastern District of Kentucky,will entertain conference attendees atMonday’s luncheon with his view of judicialindependence. The afternoon plenary session,"Do You Mean What I Thought You Said?",presented by Professor Edwin S. Segal,University of Louisville AnthropologyDepartment, will open registrants’ minds topeople of diverse cultural, religious, ethnic,and racial backgrounds.

TUESDAY, October 22, 2002

Tuesday provides three alternate tracksall day. In the first track, the morning sessionsinclude “Admission and Use of Documents in

Administrative Hearings,” by ProfessorWilliam Fortune, University of KentuckyCollege of Law, and “Using Technology toEnhance the Hearing Process,” presented byMichael Losavio, Judicial EducationDepartment, Kentucky Administrative Officeof the Courts. In the afternoon for this track,Allison Connelly, Director of the Legal Clinicat the University of Kentucky College of Law,will provide basic training on decision writing,and the NAALJ Central Panel Committee willdiscuss current central panel issues.

The second track on Tuesday will beginwith a panel, moderated by Susie Bargo,Kentucky Cabinet for Families and ChildrenHearing Officer, discussing the managementof high volume dockets. Those interested inguiding NAALJ’s future policy initiatives,may join the late-morning round-tablediscussion jointly led by Julian Mann, III,Chief ALJ in the North Carolina Office ofAdministrative Hearings, and Lois F. Oakley,Chief ALJ in the Georgia Office of StateAdministrative Hearings. In the afternoon ofthis track, there’s an exciting opportunity:Raymond A. Limon of the Office of PersonnelManagement will explain how to apply tobecome a federal ALJ. Afterwards, AnnSheadel, Chief Hearing Officer, KentuckyOffice of the Attorney General, and AnnBreen-Greco, Illinois State Board of EducationALJ, working in tandem, will set out thefundamentals of conducting a hearing.

Track three on Tuesday will begin withthe NAALJ Complex Adjudication Committeepresenting a morning-long series of skits anddiscussion focusing on issues unique to themore involved hearing. In the afternoon,Michael Losavio does double duty presentinganother interesting session on how to usetechnology to enhance the hearing process.His comments will lead into vendordemonstrations by Lexis-Nexis and Westlaw.

Kentucky Supreme Court Justice JamesE. Keller will be the keynote speaker atTuesday evening’s banquet and will alsoadminister the oath of office to NAALJ’s newofficers and board members. Also expected inattendance at the banquet are National JudicialCollege President William Dressel and DeanErnest Borunda from Reno, Nevada.

WEDNESDAY, October 23, 2002

The last day of the conference will notdisappoint. Hon. Jennifer B. Coffman, DistrictJudge from the Eastern District of Kentucky,will give her view from the Federal Bench on"Promoting Public Confidence in theJudiciary." She will be followed by JeffersonCounty District Court Judge Janice Martin’sreview of Kentucky’s efforts at "Opening theJudicial Process to All." Attendees won’t beleaving early because the always entertainingProfessor Richard Underwood, University ofKentucky College of Law, will close theconference with a discussion on "What WillGet You in Trouble?"

Guest tickets for Monday’s luncheon($21) and Tuesday’s banquet ($35) areavailable and may be reserved in advance onyour registration form.

If you need more information about theprogram feel free to e-mail Michael Head atMichael.Head@mail.state.ky.us.

OTHER FUN EVENTS

SUNDAY EVENING RECEPTION.

The program schedule also includesa couple of events designed to allow you tounwind after a full day of programs. OnSunday evening, we will travel a short distancefrom the hotel to the world-renownedKentucky Horse Park a casual affair, jeans aredefinitely a must, where you will be treated tothe stirring, toe-tapping music of theKettleheads, a bluegrass band hailing fromEastern Kentucky. At the Horse park you willhave an opportunity to mingle with many ofthe Kentucky constitutional officers and hearthe welcoming remarks of Crit Luallen,Secretary of Governor Patton’s ExecutiveCabinet. A Kentucky style buffet (burgoo, aunique beef and vegetable stew, cornbread,fried chicken, pulled barbecued pork, slaw,green beans, rolls, pecan pie) will be served.Cloggers are the dinner entertainment. Afterdinner, you will have an opportunity to tourthe various museums on the site including theburial place of Man O’War, take a hayride,browse the International Museum of the Horseand watch the Parade of Breeds presentation(demonstration and narrative of history anduses of some of the breeds in the park. Lateron in the evening you will be treated to amagnificent display of the Parade of Breeds, adepiction of the infinite variety of horsebreeds. Finally, you will have some time toshop at the Visitor’s Center and pick up thatunique and much needed souvenir to takehome.

Guest tickets for the reception ($30) areavailable and may be reserved in advance onyour registration form.

“NO TALENT” SHOW.

On Monday night, starting at around8:00 p.m., you will be able to take part in, or ifyou are too talented, listen to the “No TalentShow.” This concept, the brainchild ofPresident-Elect Janet Thompson, (at thesuggestion of David Marcus, who definitelywill be performing) has never been donebefore, so you will be in on the creation of anew tradition for the conferences.

The idea behind this event is that all ofus know we have a unique talent, such asplaying a musical instrument, singing,performing magic tricks, acting, etc., inaddition to our abilities as adjudicators. WEARE OFFERING YOU AN OPPORTUNITYTO STRUT YOUR STUFF and make a fool ofyourself in front of all your peers. Plenty of

liquid refreshment (for a price) will beavailable to help you get over your inhibitions.Deep in your heart, you know you are astalented as (you pick your favorite performer).On Monday night for a mercifully short periodof time, we are giving you an opportunity toprove it.

As part of the “No Talent Show”, wewould like to see the affiliates coordinate ashow among their members and put on anaffiliate show. There will be a prize for best(worst???) affiliate performance at the endof the evening.

This event is free – there is no chargefor coming into the showroom. But like theHotel California, you can check in, but youcan’t check out, UNLESS you perform orstay until the last performer croaks. If youmust leave early, please pay the insignificantfee of $5.00. (It will help defray the costs ofthe audio equipment).

If you would like to sign up in advancee-mail or call Alan Wagers atAlan.Wagers@mail.state.ky.us /502.564.7312.

NIGHT LIFE IN LEXINGTON

Although we are going to keep youplenty busy, there will be plenty of time tosample the warm vibrant nightlife indowntown. At the host hotel is one of themost popular bars in Lexington, The BiggBlue Martini, which offers a variety ofspecialty martinis (natch), as well as a full bar.Across the street is Desheas, a popularrestaurant offering traditional Kentucky fare.Within two blocks is the Rosebud, amoderately priced upscale restaurant offering aclassic menu. Across the street from Rosebudis Cheapside’s, home of some of the bestmusic in town, which offers basic and tastypub food. Other places that need to bechecked out are Mia’s, Portafino’s, 431,Jonathan’s at Gratz Park, and Dudley’s. For atruly special dining experience, a la lucieoffers a wonderfully fresh menu, planned andcreated daily by Lucy herself. We are stealingan idea from the Minnesota affiliate and willhave available at the registration desk a listand map of our personally recommendeddining establishments, all of which are eitherwithin walking distance or a short 15 minutecab drive from the hotel. Average fare isabout $5.00 one way.

YOU WANNA SHIRT?

For the first time ever, we are offering ahandsome, good quality souvenir polo shirt ortee shirt. Polo shirts are $23.00, T-shirts are$16.00. Prices include tax. The shirts are inKeeneland green (forest green) and haveembossed on the them the NAALJ \ KAAA2002 logo and come in all sizes, up toXXLarge. It’s a great way to remember all the

fun times you had at the conference. Andbesides, you can never have too many casualwear shirts. To order a shirt, mark yourregistration form, give us your size, andinclude a check. The shirts will be availableupon check-in at the registration desk. By theway, the shirts run true to size, a large is alarge, not a mislabeled medium – these are notinexpensive shirts. If you wait until theconference, you can order one, but we willhave to charge you extra for shipping.

Additional T-shirt information isavailable from James Dickinson atJames.Dickinson@mail.state.ky.us /502.564.7312.

We are looking forward to your visit inLexington and we have planned some trulymemorable events for your enjoyment.

See you in October!!

(The Author thanks Lori Eisele, Michael Head, Janet Thompson, and Robert Layton for their

much appreciated assistance)

UPCOMING CONFERENCES

MIDYEAR 2003

Planning is underway for the 2003Midyear ... in mid May! The program willfocus on the relationship between the agencyand the ALJ, and also may include a daydevoted to writing for ALJs. The Illinoisaffiliate and the NAALJ Education Committeeare both involved in program planning. Moreinformation will be available at the AnnualMeeting and Conference in Kentucky.However, it is not too early to mark this onyour calendar for 2003!

ANNUAL 2003

Florida, specifically, Orlando, Florida,will be the location for the 2003 AnnualMeeting and Conference (2003 AMC) of theNational Association of Administrative LawJudges (NAALJ) to be held in October 2003.Florida's Division of Administrative Hearings(DOAH), a central panel, will host the 2003AMC. Orlando offers a variety of thrills andattractions for you and your entire family.Begin making your plans today. Furtherdetails will be forthcoming.

MID-YEAR 2004By Ed Felter

The NAALJ International ConferenceExploration Committee, comprised of BryanMcDaniel, Tyrone Butler and Ed Felter, havebeen working with Murray Chitra, President ofthe Council of Canadian AdministrativeTribunals (CCAT) on the June 20-24, 2004international conference to be co-sponsored byCCAT, NAALJ and NCALJ of the ABA.Murray Chitra has already signed a contractwith the Royal York Hotel in downtownToronto, with a room rate of $137 per night(US), a real bargain for the Royal York.Hopefully, the opening reception will be heldat the Hockey Hall of Fame, right across fromthe Royal York. Bertrand Roy of Montreal isworking on signing up Canadian SupremeCourt Justice L'Heureux-Dube and U.S.Supreme Court Justice Stephen Breyer as twoof the keynote speakers. Widespreadattendance from all over the world,including Latin America, is expected. Therewill be translation devices for Spanish andFrench. The theme of the conference willconcern international administrative justice.Toronto is probably the easiest Canadian sellfor the budgetary authorities, with economicaldirect flights from most major U.S. cities. Ifyou cannot secure official funding for theconference, we hope you will decide to attendon your own nickel as many of us plan to do.

2002 NAALJ ANNUAL MEETING AND CONFERENCE“WHEN WINNING ISN’T EVERYTHING - RESOLVING DISPUTES WITH JUSTICE FOR ALL”

Please type or print clearly and register one person per form. This form may be photocopied.

Name _______________________________________________________________________

Title ________________________________________________________________________

Name of Organization __________________________________________________________

Telephone ____________________________________________________________________

Address ______________________________________________________________________

City _______________________________ State ________________ Zip _________________

Telephone ____________________________ Email ___________________________________

Registration fee includes Sunday evening reception, Monday lunch and Tuesday evening banquet, ____ CLEcredits (if you attend all sessions), and program materials.

Early Registration (postmarked by June 30, 2002) _______ NAALJ Members $300_______ Others $325

Registration (postmarked by September 1, 2002) _______ NAALJ Members $325_______ Others $350

Registration (postmarked after September 1, 2002) _______ NAALJ Members $350_______ Others $375

Pricing for guests meals will be announced when available.

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PAYMENT: (Please do not send vouchers.)____ Enclosed is a check or money order, payable to “KAAA 2002 Conference”.____ Please charge my credit card the amount listed above. _____ Visa _____ MasterCard

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Only registrations paid with Visa or MasterCard will be accepted over the phone.UK/CLE 859.257.2921 or by fax 859.323.9790Mail completed form with payment to: UK/CLE, Room 260

College of LawUniversity of KentuckyLexington, Ky.

SWIFTER ADMINISTRATIVEJUSTICE IN MINNESOTA

By George A. Beck, ALJ

Minnesota administrative lawpractitioners have become used to a biennialexamination of the rulemaking provisions ofMinnesota’s Administrative Procedure Act aslegislators seek effective ways to influence theadoption of rules. This year, however, thelegislature enacted four significant changes tothe contested case procedures contained in theAPA. The contested case procedures governthe quasi-judicial or trial-type decision-makingby state agencies. The bill was drafted by theMinnesota Office of Administrative Hearingsand was adopted by Governor Ventura as anadministration bill.

The first change makes it clear that anagency may, when it begins a contested caseproceeding, provide that the decision of theAdministrative Law Judge will be the finalagency decision. The ALJ decision wouldthen be appealable directly to the MinnesotaCourt of Appeals. Although some agencieshave delegated final decision-making authorityto ALJs in the past, this is the first time thatthe APA has explicitly recognized thisalternative. Minnesota ALJs currently makefinal decisions for several agencies whererequired by the legislature.

In cases where agency policymaking isnot an important factor, an agency will likelyfind that delegation to the ALJ saves time andmoney. The agency will be able to avoid timedevoted to an examination of the exhibits andtestimony developed at the hearing, as well astime devoted to the arguments of the parties asto an appropriate final decision. In caseswhere a second Assistant Attorney General(other than the "prosecuting" attorney) is usedto advise the agency, that expense can beavoided. Under the legislation, the agencyretains full discretion as to whether or not todelegate its final decision-making authority.

The second addition to the APA allowsthe parties to agree in writing to arbitrate thecase, with an ALJ as arbitrator, under theprocedures of the Minnesota UniformArbitration Act. The arbitration is in lieu ofthe usual contested case procedure.Arbitration must also be approved by theagency, if it is not a party. Among the mattersthat might be covered in a written agreement

to arbitrate are a deadline for an award, theform of the award, service of the award, andthe payment for the costs and fees of thearbitrator.

In an arbitration the parties have theright to present evidence, cross-examine, andto be represented by an attorney. There is noprovision for discovery apart from allowancefor a deposition of a witness who cannot besubpoenaed or who is unable to attend thehearing. The ALJ serving as an arbitratormakes a final decision under the Act. Thefinal decision is called an award and is notrequired to be in any particular form, exceptthat it must be in writing and signed by thearbitrator. Customarily, arbitration awards arequite brief and may be limited to a statementof the outcome. An arbitrator may modify orcorrect an award within 20 days, uponthe application of a party.

Normally, agency decisions under theMinnesota APA are appealable to the Court ofAppeals. Under the Uniform Arbitration Actan appeal is made to the district (trial) court inthe county in which the hearing is held. Thegrounds for appeal or vacation of an award,however, are quite limited and extend only tomatters such as fraud, evident partiality of anarbitrator, hearing conduct that substantiallyprejudices the rights of a party, or thearbitrator exceeded his or her powers. Thereis no appeal on the grounds of a lack ofsubstantial evidence or error of law as wouldbe the case in the appeal of a contested caseunder the APA. The 2002 Minnesota APAamendments specifically provide that reviewof the ALJ award would be in district court, aswith other arbitrations.

The selection of arbitration by the partieswould permit a speedy and economical finalresult and would lessen the possibility of anappeal. It would be a good choice wherediscovery is unnecessary, agency policy is notat stake, and detailed findings are not required.Attorney fees and ALJ expense would beminimized. The Minnesota legislature alsoconsidered the appropriate contents of anagency final decision that rejects or modifies afinding of fact, conclusion, or recommendationby an ALJ. It directed that the agency decisionmust include the reasons for each rejection ormodification. Minnesota case law has heldthat agency rejection of an ALJ's findingswithout explanation may constitute arbitraryaction justifying reversal.

The new statutory language goes a stepfurther and requires an agency to state itsreasons "for each rejection or modification" ofany finding or fact, conclusion, orrecommendation. The level of detail requiredwill likely be worked out in the appellateprocess.

Finally, the new provision that stirred themost controversy in the legislature, and among

state agencies, is a requirement that therecommended decision of the ALJ becomesthe final agency decision if the agency fails tomodify or reject it within 90 days of the closeof the record. The impetus for this provisionwas recent final decisions by some agenciesissued up to one year after the ALJ decision.Some agencies felt that they could notalways complete their review within 90 days.So, a provision was added that allows theChief ALJ to order a reasonable extension ofthe 90-day deadline upon a showing of goodcause by a party or the agency. The newstatute also requires a final decision issued byan ALJ to be served within 90 days of theclose of the record. However, the MinnesotaOAH expects to maintain its policy of issuingdecisions, whether recommended or final,within 30 days.

A question that must be resolved is whatchanges will need to be made to the ALJ'srecommended decision in order to complywith the legislation. Since the inception of theMinnesota OAH, its policy has been not tomake a specific recommendation in licensingcases (e.g. a two week suspension), but ratherto simply recommend that disciplinary actionbe taken if a violation was proved. That policywas approved by the Minnesota Court ofAppeals. However, if the ALJ decision is tobecome final in 90 days when the agency failsto act, it would need to include a specificrecommendation on discipline. Theappropriate discipline would then need to beargued on the record before the ALJ.

Minnesota Chief ALJ Ken Nickolainotes that the change in this new legislation isdesigned to provide the public and agencieswith faster and more cost effective options toresolve disputes. He observed that "these arethe most significant changes to the contestedcase provisions of the APA in many years andwill help enhance public trust and confidencein our system of administrative justice."

JOINT MEDIATIONTRAINING

By Ed Felter

The NAALJ partnership with theNational Judicial College is off to a good start.Mediation Faculty Members Nancy Lynch,Phyllis Reha (Minnesota Public UtilitiesCommissioner) and Marshall Snider attendedthe National Judicial College IntermediateFaculty Development Program in Reno fromJune 10 to June 13, 2002. Also in attendancefor reasons other than teaching mediationwere Janet Coulter, Tyrone Butler and EdFelter, in addition to eleven other judicialbranch judges and/or judicial educators. Theprogram was outstanding and you will beseeing the faculty employ the more refinedpresentation skills learned in Reno.

COMMITTEE REPORTSCOMPLEX ADJUDICATION

James Horan

The Complex AdjudicationCommittee currently has two members, JamesHoran (New York) and Dennis Moss(Washington).

Our principal goal for 2002 is to prepareand present a successful program at theNAALJ annual meeting in Lexington.Following discussions with Larry Craddockand Michael Head, we have agreed to present aprogram entitled Special Issues in ComplexLitigation during the 8:45 a.m. – 12:00 noontime slot on Tuesday, October 22, 2002. Ourprogram will follow the “drama” format thathas met with good success in previous years.Judge Horan and I will prepare the script andsupporting materials. We will need severalvolunteers to assist us in presenting theprogram.

Our second goal this year is to recruitadditional members to serve on theCommittee. We ask for your support andsuggestions.

MEMBERSHIPBob Layton

The Membership Committee currentlyhas five members, including Vice-Chair DavidMarcus, Willie Thompson, Bill Dorsey andBryan McDaniel.

Efforts for 2002 have been to continuethe previous work of developing new affiliates.Since the annual meeting in Austin inNovember 2001, we have gained a newaffiliate in the state of Michigan. There arepresently less than 20 affiliate members inMichigan; however, in a state with apopulation of 10 million, there are a largenumber of potential new members. Theaffiliate could very reasonably expect to have40 members. In addition to the hard copypacket of material, electronic copies of articlesof incorporation, sample by-laws, and benefitsof NAALJ membership have been distributedto potential new affiliate organizers. A hardcopy of the sample electronic information isattached, so Board members will know whatkind of information is available to be sent topotential new affiliates. Oregonian DavidMarcus is leading development efforts for anaffiliate in the state of Washington, and BillDorsey continues to work to establish aCalifornia Affiliate. In addition to Californiaand Washington, other states contacted thathave the most current potential to becomeaffiliates are Arkansas, Florida and Tennessee.Gaining three new affiliates in the next year isa very reasonable goal for NAALJ.

NAALJ Board members and members atlarge are encouraged to extend any assistancepossible to the new affiliates. The

Membership Committee also will be moreproductive if it can gain new committeemembers. With more members, more activeinvolvement and recruiting contact withpotential affiliates can occur. Even withoutmore committee members, by having all Boardmembers and members at large helping, moreaffiliates, and the new affiliates will have acontinued appreciation for the benefits ofbeing part of NAALJ. The MembershipCommittee Chair has offered to attend the nextMichigan affiliate meeting (at no expense toNAALJ or Michigan) to provide suggestionsfor affiliate growth, and to assist with creatinga website for the affiliate.

The Membership Committee has alsospent time assisting in discussions to resolvemember concerns within an affiliate. Thoseconcerns and potential responses will beaddressed by others in NAALJ as a separatetopic from this report.

ALTERNATIVE DISPUTERESOLUTION

Ann Breen-Greco, Baverly Nash

The ADR Committee continued with thegoals of the ADR Committee for the year2001: "To promote the use of alternativedispute resolution in the administrative forum;to maintain liaison with the educationalcommittee to determine any need foreducational programming addressing thisissue."

The training aspect of ADR will becontinued separately, with NAALJ workingwith NJC. However, this will not preclude theADR Committee from continuing to plan foreducational workshops at mid-year or annualconferences and locally within states.

The areas of concentration for theCommittee will be outreach and work withaffiliates on promoting the use of ADR on astate level. In the current state budget crisisclimate throughout the country, however, itwill be difficult to promote the creation of anynew agencies, within states, even one such asADR which could ultimately save statesmillions of dollars in hearing/litigation fees.Nonetheless, it would be worthwhile to have astructure in place for planning for the future.

Jody Plymyer has proposed that a surveybe conducted, perhaps randomly in regions ofthe country, or a Lexis-type search, of stateand federal law requiring or permitting ADRprior to or as an alternative to a contested casehearing. The survey could include the extent ofuse of the law, effectiveness, reduction ofhearings, types of cases, training requirementsfor mediators, and problems

The ADR Committee will continue towork on publicity as a major aspect of helpingto promote ADR. The Committee willdesignate a committee to work on writing an

article for the newsletter and for posting on theNAALJ website.

A networking activity we plan to pursueis based on former Committee Chair DavidMarcus’ work in maintaining an ongoingrelationship with Policy Consensus Initiative(PCI), which has opened a new training centerat Portland State University in Portland,Oregon. The Committee will focus on anotherinstitute engaged in this kind of work and/or alaw school that teaches ADR. Additionally,further contact with the ABA ADR Committeewill take place at the ABA annual conferencein Washington, D. C., primarily for updatingon the Uniform Mediation Act considered bythe ABA earlier this year.

CONFERENCE LOGISTICS,PLANNING AND ASSISTANCE

L. David Brunke

The members of the NAALJ ConferenceLogistics, Planning and Assistance (CLPA)committee include the following: L. DavidBrunke, Chair; James Horan, Laura Bierman,Meg Phipps and Susie Bargo.

This is the first year of the committee’sexistence. According to President Craddock,the committee “is intended as a nuts and boltscommittee to help with the day-to-day nittygritty details of putting a conference together,i.e., how to budget, what are the standardconditions of a hotel contract, putting togethera planning calendar, etc.” The committeeaugments the Conference Committee and theFuture Conference Site Selection Committee.

As the planning for the NAALJ 2002Annual Meeting & Conference is wellunderway, thanks to the diligent efforts of theKentucky Association of AdministrativeAdjudicators, the CLPA committee hasdirected its efforts towards the NAALJ 2003Annual Meeting & Conference. One of thetentative hosts of the 2003 conference is theFlorida Department of AdministrativeHearings (DOAH), which is planning topartner with a law school. The Florida DOAHwill be making a presentation at the Mid-Yearmeeting. Contact has been made with theDOAH and assistance has been offered. Inaddition, the NAALJ Conference committeehas provided DOAH with sample documents.Following the Mid-Year meeting, the CLPAcommittee will continue its efforts to provideassistance to the 2003 hosts.

Later this year, the CLPA committeewill be contacting the tentative host of the2004 conference to offer its assistance.

BY-LAWS, PROCEDURES& RESOLUTIONS COMMITTEE

Lois Oakley and Julian Mann

At the 2001 Annual Meeting in Austin,the following resolutions were considered bythe membership and accepted:

1. The Washington D.C. Council hasunder consideration proposedlegislation that if enacted in the fall of2001, would authorize the creation of acentral panel tribunal for the District ofColumbia. NOW, THEREFORE, BEIT RESOLVED THAT: NAALJendorses the adoption of legislationcreating a central panel tribunal inWashington, D.C.

2. The Model Code of Conduct forState Administrative Law Judges(hereinafter “State Model Code”) asendorsed by the NAALJ Board ofGovernors and the NationalConference of Administrative LawJudges of the Judicial Division of theAmerican Bar Association is intendedto establish basic ethical standards foradministrative law judges or any otherhearing officials throughout the UnitedStates. The State Model Code isintended to govern the conduct of theseadministrative law judges and toprovide guidance to assist stateadministrative law judges inestablishing and maintaining highstandards of judicial and personalconduct. NOW, THEREFORE, BEIT RESOLVED THAT: NAALJurges the central panel tribunals andother administrative law tribunalsthroughout the United States to adoptthe State Model Code.

3. The collection and dissemination ofindividual contested case statisticaldisposition rates, meaning the numberof days elapsed between the date ofreceipt of a request for anadministrative hearing until the date ofthe issuance of the decision byindividual administrative law judges orother hearing officials, is a majorstatistical factor indicating whethercitizens and agencies are delayed in theadjudicative contested case process.NOW, THEREFORE, BE ITRESOLVED THAT: NAALJendorses and encourages central paneltribunals and other administrative lawtribunals in the United States to collect,monitor, report and disseminatecontested case statistical dispositionrates for administrative tribunals.

4. Several jurisdictions in the UnitedStates have adopted statutory salariesfor state administrative law judges as apercentage of the statutory salary ofcomparable judicial branch judges.The statutory percentage provides forsalary equity among stateadministrative law judges andrepresents a degree of parity withjudicial branch judges. NOW,THEREFORE, BE IT RESOLVEDTHAT: NAALJ endorses the conceptthat the salary of state administrativelaw judges be established by statute asa percentage of the salary of acomparable judicial branch judge andfurther instructs the Secretary ofNAALJ to forward a copy of thisadopted resolution to the ChiefAdministrative Law Judge or Directorof every central panel tribunal in theUnited States as an endorsement byNAALJ of this method for determiningstate administrative law judges’salaries.

Subsequent to the 2001 Annual Meeting,a new procedure for the Committee’sconsideration and adoption of proposedresolutions was instituted. This procedure wasadopted by the NAALJ Board at its meeting inAustin. The procedure requires submission ofresolutions to the By-laws, Procedures andResolutions Committee (the “Committee”) atleast one (1) month prior to the Mid-Yearmeeting. The procedure requires theCommittee to deliberate each resolution and toexpress its sentiment by a vote of “favorable”,“unfavorable” or “no position”. TheCommittee’s deliberations are to be reported tothe NAALJ Board two (2) weeks prior to theMid-Year Meeting. At the Mid-YearMeeting, the Board is to adopt a position of“favorable”, “unfavorable” or “no position”with respect to each resolution. The Board’sposition is to be reported in the NAALJnewsletter preceding the Annual Meeting. Thedraft resolutions are to be placed on the agendaat the Annual Meeting for adoption by amajority vote of the membership in attendance.

The Committee’s report to the Board atthe Minneapolis Mid-Year meeting promptedlively and extended debate. The debate relatedto the new procedure for adoption ofresolutions. It was the consensus of the Boardthat the new procedure contained flaws andrequired changes. The Board was inagreement that the resolutions procedureshould be rewritten to accomplish thefollowing: (a) creation of a mechanism forenhancing the input of the membershipregarding governance of the organization; and(b) creation of a mechanism for theCommittee’s substantive review of draftresolutions.

The Committee invites your submissionof ideas about revisions to the resolutionsprocedure. It would be helpful to have yourideas prior to the Committee’s deliberations inOctober at the Kentucky Annual Meeting. Nolater than August 31, please send yourcomments and suggestions to:

Julian.mann@ncmail.net andLoakley@osah.state.ga.us

For your information, the Committee’smembership includes: John Hardwicke; BruceJohnson; Jim Horan; Stan Cygan; RonnieYoder; Chris McNeill; Sammie Chess; MarcBurns; Marc Zylberberg and Tyrone Butler.You are welcome to communicate directlywith any of these Committee membersregarding your ideas.

NAALJ FELLOWSHIPEd Felter

The Fellowship Committee is pleased to reportthat Professor Phyllis E. Bernard of OklahomaCity University School of Law has beenawarded the 2002 Fellowship for her proposedpaper, “The Administrative Judge as a BridgeBetween Law and Culture.” In her proposedpaper, she will, among other things, analyzethe differences in mediation between the U.S.and the Niger Delta.

Professor Bernard has served as aconsultant to the Administrative Conference ofthe United States in developing an AlternativeDispute Resolution (ADR) process to replacemost Medicare adjudications for institutionalproviders.

As a state commissioner serving on theOklahoma Merit Protection Commission,Professor Bernard helped develop the rulesand procedures replacing much of the statemerit system appeals process with ADR, andhelped develop the first ethics rules for MeritProtection commissioners. She has served as aconsultant to the U.N. World HealthOrganization, advising the Lao People'sDemocratic Republic on privatization of theirhealth care system and development of aquality of care dispute resolution system.Professor Bernard has started a pro bonoconsultation with the International Federationof Women Lawyers in the Niger Delta, whereshe was asked to design an appropriate tribalpeacemaking program, using the EarlySettlement model.

The topic of the 2003 Fellowship is“Agency Heads and AdjudicatoryHearings.” The deadline for submissions for2003 has been moved up to February 1, 2003,in order that the planners of the 2003 MidyearEducation Program with a similar theme willhave the option of inviting the 2003Fellowship winner to participate.

NEWS FROM THE STATESOREGON

Steve Risberger

It has been a busy summer for NAALJ’sOregon affiliate, the Oregon Association ofAdministrative Law Judges (OAALJ). Inrecent weeks, OAALJ's governing board hasendorsed a decisional independence proposalfor Oregon’s Hearing Officer Panel, finalized aplan for a joint administrative law conferencewith Willamette University Law School andapproved a summer scholarship for one of ourmembers to attend the National JudicialCollege in Reno.

A committee of ALJs and privatepractitioners headed by OAALJ's vice-President, Bruce Black, has put the finishingtouches on recommendations for a new peerreview system for written ALJ orders issuedby Oregon's Hearing Officer Panel. ChiefHearing Officer, Tom Ewing, plans toimplement the committee's recommendations,with some adjustments, by late July 2002. The committee's work marks awatershed in the short history of the HearingOfficer Panel. Prior to July 2002, managerswere primarily responsible for reviewing ALJorders in many high profile cases, such asprofessional licensing and environmentalregulation cases. OAALJ members expressedconcern that management review of ALJorders could compromise the decisionalindependence of ALJs. The Hearing OfficerPanel’s new peer review system will place anemphasis on both decisional quality andgreater decisional independence by ALJS.Although the new peer review system fallsshort of long-range OAALJ goals, OAALJ’sboard has endorsed it as a significant steptoward enhanced independence andprofessionalism for Oregon ALJs employed bythe Hearing Officer Panel.

OAALJ and Willamette University LawSchool have firmed up an agreement tosponsor a joint conference on administrativelaw at Willamette's campus in Salem, Oregonon November 16, 2002. The conference willfeature sessions on issue preclusion, ethics,legislative developments relative toadministrative law, probity safeguards forhearsay evidence and recent judicial decisions.Presenters will include appellate judges, lawschool professors, private practitioners andOAALJ members.

David Marcus, chair of OAALJ'seducation committee, noted at a recent OAALJboard meeting that Willamette has played astronger role in helping to plan the 2002conference than has been the case in the past.He predicted a high quality program thatshould be attractive to ALJs, privatepractitioners and administrative lawprofessionals. Willamette and OAALJ have

maintained a cooperative partnership since theearly 1980s and have jointly sponsored severaleducational events related to administrativelaw.

Veteran ALJ and OAALJ member LarrySmith has been selected by OAALJ's board toreceive a tuition scholarship to attend anadministrative law oriented program at theNational Judicial College. Smith is a veteranALJ with a long history of membership andservice in OAALJ and currently is a memberof OAALJ's education committee. He isemployed by the Hearing Officer Panel andhas conducted hearings in a wide variety ofareas, ranging from unemployment insurancehearings, to implied consent hearings, toprofessional licensing proceedings for theOregon Medical Board.

ILLINOISAnn Breen-Greco

Although our Illinois association hasbeen in existence for a long time, this year forthe first time will have an official swearing inof officers and board members, with areception. Of course you are all invited to joinus. However, if you will not be with us, wewould so much appreciate it if you would sendgreetings, either individually or from yourstate affiliates. I have been elected President,Stan Cygan continues as treasurer, and EdSchoenbaum is a director. Please feel free toemail the greetings to me, and I will be sure toshare them with our members and other guestsat our reception. We will also put them in ournewsletter. Thank you so much.

MICHIGANJames R. Ward

The Michigan Association ofAdministrative Law Judges (MAALJ) wasformed approximately 20 years ago. MAALJaffiliated with NAALJ to increase theopportunities for education and public servicefor its members. Currently there are only 15members of the Michigan affiliate. Michiganhas approximately 190 administrative lawjudges or hearing officers in variousdepartments of state government. Departmentswith a heavy hearing caseload, such as theDepartment housing the licensing andregulation and labor relations agencies,exclusively employ full-time administrativelaw judges. Some the Departments, such as theDepartment of Environmental Quality, employfull-time administrative law judges, assisted bycontractual hearing officers on an "as needed"basis. Other Departments, such as the

Department of Civil Rights, employ onlycontractual hearing officers.MAALJ is already receiving benefits of itsaffiliation with NAALJ as Robert Layton ofKentucky is helping Lauren VanSteel ofMichigan develop a website for MAALJ.MAALJ looks forward to a long and fruitfulrelationship with NAALJ.

KENTUCKYLori Eisele

While much of the energy of theKentucky Association of AdministrativeAdjudicators(KAAA) has beenfocused onplanning andpreparing for theNationalConference to beheld in October,the organization’s regular business hascontinued. In May, new officers were electedby the membership and were installed byJudge Anthony Wilhoit at the Kentucky BarAssociation Building in Frankfort, Kentucky.Susie Bargo (Cabinet for Families andChildren Hearing Officer), who is currentlyNAALJ Secretary, moved from President Electinto the office of KAAA President. Otherofficers elected included: Bob Layton (Boardof Tax Claims Hearing Officer), PresidentElect; Allen Wagers (Natural ResourcesEnvironmental Protection Cabinet ChiefHearing Officer), Vice President; JimDickinson (Natural Resources EnvironmentalProtection Hearing Officer), Treasurer; andSheila Lowther (Worker’s CompensationChief Administrative Law Judge), Secretary.Elected as Board Members at Large wereMary Burden (Cabinet for Families andChildren Hearing Officer) and Gene Kiser(Department for Local Government ChiefHearing Officer). Lori Eisele (Cabinet forHealth Services Hearing Officer) moved intothe position of Past President.

Janet Thompson, the individualresponsible for initially organizing theKentucky affiliate, will be inducted asPresident of NAALJ at the 2002 Conference inLexington, Kentucky. In her honor, KAAAhas committed to sponsor the $1000.00 awardgiven to the NAALJ Fellowship Winner at theconference. Not only is Janet the epitome ofprofessionalism, she is a kind and caringindividual and a true friend to each member ofthe organization. CONGRATULATIONSJANET!

NEW YORKJames Horan

This report will concern1.) our currentmembership and dues,2.) our new Web Site,3.) our plans for a jointeducational program inOctober 2003, and 4.)

the Administrative Law Judge Institute atAlbany Law School (ALS).

1.) New York currently has 78 members.The NYSALJA Board has decided againstraising the NYSALJA dues for the 2002-2003year. We retain membership dues at $35.00and will forward the entire amount to NAALJ.We will ask the NYSALJA Membership toapprove a dues increase at the SeptemberMembership meeting.

2.) We have signed a contract with ALSfor them to operate the NYSALJA Web Site.Please visit http://www.nysalja.org

3.) In October 2003, the American BarAssociation State and Local GovernmentSection will hold its Fall Meeting in Albany.The New York State Bar Association(NYSBA) Municipal Law Section, theNYSBA Committee on Attorneys in PublicService and the ALS Government Law Centerare co-sponsoring the meeting. Patty Salkinfrom ALS has invited NYSALJA to participateas well and we have agreed. The events at thatConference will occur in a Thursday-Sundayschedule, so we anticipate no conflict with thedates for the NAALJ Annual Meeting.

4.) The Government Law Center at ALSwill be opening an Administrative Law JudgeInstitute to provide comprehensive training forALJs and those who administer administrativeadjudication programs. In April, ALSrequested and NYSALJA provided a letter ofsupport for the Institute's efforts to obtain a$30,000.00 grant from the New York StateBudget.

SOUTH CAROLINAAllen Hutto

On Friday September 20, 2002, theSouth Carolina Administrative and RegulatoryLaw Association will hold its second annualeducational seminar and meeting at SpringValley Country Club in Columbia, SouthCarolina. This non-profit organization sprangfrom meetings which Judge Buddy Kittrellinitiated with attorneys, certified publicaccountants, accountants, state administrativeofficials and employees, together with localofficials and employees who sought an annualeducational conference. The membership isopen to all who conduct administrativehearings, whether they are attorneys or not. Itsintent is not only to provide educationalprograms, but also to promote uniformity in

administrative procedures and to provide aforum for the exchange of ideas and opinionson administrative law issues.

The board consists of 27 members,with representation from academia, fromchairmen of the Judiciary committees in boththe House and Senate, attorneys, certifiedpublic accountants, commissioners, judges andother state and local officials. There are break-out sessions at the conferences which provideeducational programs for all. Local attorneysspeak to local officials and members of thelegislature provide information onadministrative issues and the outlook foradministrative law.

The membership after the first years wasapproximately 218 persons. We anticipate thatthe membership will increase to 350 to 400.

TEXASSara Ramos

A primaryfocus forTAPAA is toprovide itsmembershipwith continuinglegal educationthat centers around topics of interest to theadministrative adjudicator—topics sometimesignored by traditional CLE providers.Payment of dues entitles each TAPAAmember to regular CLE events sponsored byTAPAA at no additional cost.

In 2002, TAPAA has solicited a numberof speakers with varied experience, from bothwithin and outside the legal profession. Thetopics explored include Security, Bankruptcy,Hearsay, and Ethics, as they relate to theadministrative hearing process. Our May CLEevent, entitled Evidence and Discovery inAdministrative Hearings, attracted a largegroup of legal professionals from a variety ofagencies, including many non-ALJs. TAPAAwill hold one more CLE event this year. Asalways, they are open to the public, and non-members are charged a very reasonable rate.

TAPAA is very interested in receivingideas from members and non-members aboutCLE topics people want to see at futureseminars. Please contact Vice-President LeaBurnett at lburnet@dot.state.tx.us to submitcomments or suggestions.

MARYLANDA. Michael Nolan

The MarylandAssociation ofAdministrativeAdjudicators has been

extremely busy so far this year. First, we wantto congratulate MAAA member Thomas E.

Dewberry, who was appointed by theGovernor as Maryland’s Chief AdministrativeLaw Judge in May 2002. Way to go Tom!!!!

Our regular 3rd Monday LuncheonMeetings continue. Attendance seems to beincreasing each month. At the AugustMeeting, our speaker was Frederick Nastri, aDivision of Correction Hearing Officer who isalso a psychologist. He spoke of identifyingand handling situations which are dangerous tothe individual presiding at a hearing.

In addition to the regular luncheonmeetings, we have business meetings at leasttwice each year. We recently had our annualmeeting and election of officers. ProfessorByron Warnken of the University of BaltimoreSchool of Law spoke about administrativeproceedings conducted under the LawEnforcement Officers’ Bill of Rights. This is aunique form of personnel administrative lawdue to the unusual nature of police work.

For the year 2002 – 2003, our newlyelected Officers are:

President - Bob McGowan,Public Service Commision

President Elect – Mike NolanOffice of Administrative Hearings

Vice-President – Lou Steinwedel,Unemployment Insurance

Secretary – Marvin Robbins;Sundry Claims Board

Treasurer – Marvin Pazornick,Unemployment Insurance

For the first time, MAAA is sponsoringan essay competition about administrative lawfor High School students. It is our hope thatthe students will develop an interest in thisfield of law early in life. There will be cashprizes, and others still in the planning stages.More to come!!

GEORGIAPhillip Jackson

Greetings from GAALJHO, the GeorgiaAffiliate of NAALJ. We are presently focusingon three projects. We are trying to expand ourmembership while retaining our currentmembers. To accomplish this, we are planningon moving our meting to various sites in orderto expose our organization to groups whopractice Administrative Law, but are not activein GAALJHO.

In addition, we are planning our annualCLE. We are working with ICLE of Georgia topresent a program in October. It is our hopethat by affiliating ourselves with ICLE, wewill get extra exposure for our organizationwithin the bar, and increase our membership.Our third project is a fall picnic in themountains to allow our members and guestssome fellowship in a more relaxedenvironment.

MID-YEAR MEETINGAN UNQUALIFIED SUCCESS!!

By Steve Mihalchik

The Midyear Educational Conferernce inMinneapolis was well-received. The 88administrative adjudicators and lawyers whoattended gave high marks to most of thepresentations, the food, the convenience of thefacilities, and the general Minneapolis-St. Paularea. On Saturday evening, ALJ Alan Kleinand his wife hosted a gathering of members athis beautiful home in nearby St. Paul, prior todinner on a floating restaurant. ALJ Rick Luisprepared a guide to all types of dining andentertainment establishments in the West Bankand Downtown areas of Minneapolis. Thisguide was particularly much appreciated andapplauded by the 38 participants who joined usfrom outside of Minnesota.

The overall goal of the program was toprovide tools and techniques for adjudicatorsto put to use upon their return, and we thinkthat we accomplished that goal. All of thepresentations were very informative and thepresenters and discussion leaders were veryentertaining. As always, intense discussionsamong judges from around the country wereinteresting and educational. One of the manyhighlights was a tour of the West Publishingcomplex in nearby Eagan, Minnesota.

We in Minnesota want to thank all ofyou who joined us for the conference. Yourparticipation added tremendously to itssuccess.

(All photographs by Steve Mihalhick)

BOARD OF GOVERNORS &OFFICERS 2001 - 2002

OFFICERS:

President:

Hon. Larry J. Craddock Finance Commission of Texas 2601 North Lamar Boulevard Austin, TX 78705-4294 (512) 475-1306 FAX (512) 475-1313 larry.craddock@banking.state.tx.us

President-Elect:

Hon. Janet C. ThompsonOffice of Administrative Hearings35-36 Fountain PlaceFrankfort, KY 40601(502) 564-7312 FAX (502) 564-4973Janet.Thompson@mail.state.ky.us

Secretary :

Hon. Donna (Susie) Bargo KY Cabinet for Families and Children 85 State Police Rd. Regional State Building London, KY 40741 (606) 878-7576 FAX: (606)862-0967 Susie.Bargo@mail.state.ky.us

Treasurer :

Hon. Christopher GrahamAdministrative Law JudgeAdministrative Hearing Commission640 Truman State Office BuildingP. O. Box 1557

Jefferson City, MO 65102-1557(573) 751-7101 FAX (573) 751-5018grahac@mail.oa.state.mo.us

Past President (Ex Officio):

Hon. R. Bryan McDaniel LA Division of Administrative Law P. O. Box 44033 Baton Rouge, LA 70804-4033 (225) 342-1800 FAX (225) 219-9983 bmcdaniel@adminlaw.state.la.us

BOARD OF GOVERNORS

Hon. Sheila Bailey-TaylorTexas, New Mexico, Colorado,Arizona, Utah, and WyomingChief Administrative Law Judge

State Office of Administrative Hearings 300 W. 15th St. Austin, TX 78701-3025 (512) 475-4993 shelia.taylor@soah.state.tx.us

Hon. Lois F. OakleyGeorgia, Florida, Alabama, Arkansas,Louisiana, Mississippi, and Tennessee;Chief Administrative Law Judge235 Peachtree Street, NESuite 700, The North TowerAtlanta, Georgia 30303(404) 651-7850 FAX (404) 651-7845

loakley@osah.state.ga.us

Hon. Anne Breen-GrecoIllinois, Wisconsin, Iowa, Kansas,Missouri, and Oklahoma;

Illinois State Board of Education 4123 North Maplewood Chicago, IL 60618 (773) 539-8468 FAX (773) 539-3292

Annrun@aol.com Hon. Tyrone T. ButlerNew York, Connecticut, Maine,Massachusetts, New Hampshire,Vermont and Rhode IslandNYS DOH Bureau of Adjudication

Hedley Building, 5th Fl.,433 River Street

Troy, NY 12180-2299 (518) 402-0748 FAX (518) 402-0751

TTB01@Health.State.NY.US

Hon. Sammie Chess, Jr.South Carolina, North Carolina,Virginia, West Virginia, Indiana, andKentucky;NC Office of Administrative Hearings

P. O. Box 710 High Point, NC 27261 (336) 801-5295 FAX (336) 889-6530

Hon. William R. DorseyCalifornia, Nevada, Oregon,Washington, Alaska, and HawaiiUnited States Department of Labor,

50 Fremont Street, Suite 2100 San Francisco, CA 94105 (415) 744-6577 FAX (415)744-6569

dorsey-william@oalj.dol.gov

Hon. A. Michael NolanMaryland, Pennsylvania, Delaware,the District of Columbia, Michigan,New Jersey, and OhioOffice of Admininstrative Hearings

11101 Gilroy Rd. Hunt Valley, Maryland 21031-1301 (410) 229-4137 FAX (410) 229-4111

mnolan@oah.state.md.us

Hon. Steve M. MihalchikMinnesota, Nebraska, North Dakota,South Dakota, Montana, and Idaho

Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, Minnesota 55401-2138

(612) 349-2544 FAX (612) 349-2665steve.mihalchick@state.mn.us

MISCELLANEOUS

Membership and Address Changes :

NAALJ Secretariat P. O. Box 418 Glenview, IL 60025-0418 (847) 562-0783 FAX (847) 562-0783 NAALJ@aol.com

NAALJ Journal:

Professor Gregory OgdenPepperdine University School of Law24255 Pacific Coast Hwy.Malibu, California 90263gregory.ogden@pepperdine.edu

New Officers Sworn In

The NAALJ News is published twiceeach year by the National Association ofAdministrative Law Judges. \

The current Newsletter editors areJudge Lynda Lee Moser (GA)lmoser@osah.state.ga.us Judge Noreen A.Lynch (MD) nlynch@oah.state.md.us andJudge A. Michael Nolan (MD)mnolan@oah.state.md.us WrittenInquiries can be directed to Judge Moser atthe Georgia Office of State AdministrativeHearings 235 Peachtree St, NE Suite 700,Atlanta, Georgia, 30303, or to JudgesLynch or Nolan at the Maryland Office ofAdministrative Hearings, 11101 GilroyRoad, Hunt Valley, Maryland, 21031.

General Inquiries may also be directedto NAALJ, P.O. Box 418 Glenview,Illinois 60025-0418 E-mail:NAALJ@aol.com. The NAALJ websitecan be accessed at http://www.naalj.org.

The views expressed herein are thoseof the authors and are not necessarily thoseof the NAALJ or the government agenciesand offices by whom the authors of thearticles are employed. We reserve the rightto edit articles in accord with spacelimitations.