EARLY REGISTRATION DEADLINE FOR ORLANDO IS AUGUST 31, 2003 – REGISTER TODAY !

The NAALJ NewsVolume 14, Number 2 The Newsletter of the National Association Of Administrative Law Judges August 2003

BUTLER NAMED CHIEF ALJ FOR WASHINGTON D.C.Ann Breen-Greco

The Mayor of Washington D.C. hasannounced the appointment of NAALJTreasurer Tyrone Butler to the position ofChief Administrative Law Judge of the Districtof Columbia Office of AdministrativeHearings. Prior to the appointment, JudgeButler served as the Chief Administrative LawJudge and Director of the Bureau ofAdjudication, Division of Legal Affairs, NewYork State Department of Health, since 1991.He has held appointments as an AdministrativeLaw Judge in the New York State Departmentof Health, an Assistant District Attorney inDuchess County, New York State GeneralCounsel to the Connecticut Inspector General'sOffice, Inspector General, New York CityCorrections Department and Lieutenant, NewYork City Police Department. He currentlyserves as the Treasurer of the NationalAssociation of Administrative Law Judges(NAALJ). He was the NAALJ's, "Year 2000"Annual Conference organizer andChairperson; the conference was held inAlbany, New York, October 14, 2000 toOctober 18, 2000 and hosted over 300participants from the United States andCanada. Judge Butler also serves as Vice Chair ofthe Committee on Attorneys in Public Service,New York State Bar Association and is a pastPresident of the New York StateAdministrative Law Judges Association. Hehas been elected a Fellow of the American BarFoundation. Judge Butler has recently beenelected to serve in the House of Delegates ofthe New York State Bar Association, and as aelegate to the ABA House of Delegates. His

two-year term began after the 2002 ABAAnnual meeting in Washington, D.C. . JudgeButler also served as an alternate in the 2002ABA House.

Judge Butler is a graduate of John JayCollege of Criminal Justice, 1977, SummaCum Laude, with a BA in English andreceived his JD from New York Law School in1981. He was admitted to the New York StateBar in 1981, and to the United States DistrictCourt for the Southern and Eastern Districts in1982. Judge Butler has just relocated toWashington D.C. and began his new dutiesJune 16, 2003.

BUTLER RETIREMENTFESTIVITIES

Marc Zylberberg (NY)

Judge Butler accepts a plaque from NYSALJAPresident-Elect Catherine Bennett

On Friday, July 11, 2003, friends andcolleagues of Tyrone Butler gathered to honorhim at the Century House in Latham, NewYork. Judge Butler, a former President ofNYSALJA, has resigned as ChiefAdministrative Law Judge of the New YorkState Department of Health to accept aposition as the Chief Administrative LawJudge of the recently created Office ofAdministrative Hearings in Washington, D.C.This new agency will hold administrativehearings for over 25 District of Columbiaagencies. Judge Butler served fifteen yearswith the Health Department, the last eleven asChief Administrative Law Judge. Judge Butler received gifts and mementosin recognition of his service in many

capacities. Lorraine Power Tharp, Esq.,immediate Past President of the New YorkState Bar Association, made a presentation inrecognition of Judge Butler's service as ViceChair of the Association's Committee onAttorneys in Public Service. AdministrativeLaw Judge Catherine M. Bennett, thePresident Elect of NYSALJA, presented a giftmemorializing Judge Butler's contributions toour organization.

Presentations on behalf of the HealthDepartment were made by HealthDepartment General Counsel Donald P.Berens, Jr., by immediate Past President ofNYSALJA and Acting Health DepartmentChief ALJ James F. Horan, and by HealthDepartment secretary Doris Hoffay. The culmination of the ceremony was thesinging of a song parody about Judge Butler.General Counsel Berens wrote the lyrics andwas lead singer. Several of Judge Butler'sformer Health Department colleaguesserved as backup singers. The singing madeup in earnestness what it lacked in technicalcompetence. Despite this struggle with pitchand tempo, a good time was had by all.

(Editors note: We sincerely hope that we willbe entertained with arousing rendition of thisditty at the “No Talent Show” in Orlando)

NEWS FLASH !!!!!!!!

WE HAVE JUST LEARNED THAT THE HON.TYRONE BUTLER HAS BEEN ELECTED AS THECHAIR OF THE NATIONAL CONFERENCE OF

THE ADMINISTRATIVE LAW JUDICIARY(FORMERLY THE NATIONAL CONFERENCE OFADMINISTRATIVE LAW JUDGES (“NCALJ”).

IN ADDITION TO JUDGE BUTLER, HON.CHRISTOPHER GRAHAM, WHO IS THE

INCOMING PRESIDENT OF NAALJ, WASELECTED AS VICE-CHAIR. HON. LARRY

CRADDOCK, HON. R. BRYAN MCDANIEL,AND HON. ERROL POWELL WERE ELECTED

TO THE EXECUTIVE COMMITTEE. THEEDITORS AND NEWSLETTER STAFF

CONGRATULATE ALL OF THESE MEMBERSAND WISH THEM THE BEST OF LUCK.

THE PRESIDENT’S COLUMNJANET THOMPSON (KY)

Hello All!

As I predicted in my first column aspresident, this year is indeed shaping up as ayear of challenges and new visions!

The Mediationfor ALJs, held for thefirst time this springat the NationalJudicial College inReno, NV, in apartnership joiningNJC, NAALJ andNCALJ, receivedexcellent evaluations!

Thanks to our dedicated faculty, AlbertHarberson, Nancy Lynch, Phyllis Reha andMarshall Snider. Although this year’s classwas not as large as desired, we expect thatimproved marketing efforts for next spring,when the program moves to Atlanta, will resultin more participants. See the article aboutscholarships for this superb program

Next, hopefully you did not miss ourmidyear in Chicago, which was hosted by theIllinois affiliate. IAALJ President Ann Breen-Greco and her colleagues deserve the praisethey received for putting together a programwhich featured a day devoted to DecisionWriting for ALJs and also a day and a halffocusing on the Relationship Between ALJsand the Agency. In selecting the faculty forthis program, IAALJ reached out to Chicagolaw schools as well as to both the federal andstate judiciary. The result was a well-balancedprogram which brought together professionalsdevoted to working to enhance publicconfidence in administrative adjudication.Kudos to IAALJ!

We now turn our attention to the 2003Annual Meeting and Conference in Orlando -scheduled for October 10-15 at the GaylordPalms Resort and Convention Center! Thetheme for this year’s conference, hosted by theFlorida Division of Administrative Hearings,the Administrative Law Section of the FloridaBar, and the Florida Bar, is “Building A BetterAdministrative Process”. A terrific program isplanned featuring Florida jurists and lawschool professors, as well as administrativeadjudicators from around the country. Tenaffiliates are participating in the LexisNexisChallenge Grant Program which will enable anaffiliate member to attend the conferencecourtesy of challenge grant funds, affiliatefunds, and registration waiver by NAALJ.Read about more conference details in thisnewsletter - and make plans to attend!

Now, turn your attention to NAALJ andits future. I never knew NAALJ had so manydreamers in its midst! But that is what I amlearning from committee members working onrevising the Strategic Plan first presented at the2001 midyear conference. NAALJ’s officers

and Board of Governors will meet during theannual conference in Florida in a specialsession to consider proposals regarding thefuture direction of the organization. NAALJ’sleaders are committed to supporting thegrowth of this organization by providing theinfrastructure necessary for creating newprograms designed to further the mission ofNAALJ - increasing professionalism inadministrative adjudication.

Welcome to NAALJ’s newest affiliate -Arkansas!! The resolution of the ArkansasAssociation of Administrative Adjudicatorswas approved at the midyear meeting of theNAALJ Board.

Last - but not least - a BIG thank you toa couple of real workhorses in thisorganization - Bob Layton and Mike Nolan.Bob has worked very hard to compile adatabase for promoting NAALJ’s conferences.This database is essential to the success of ourprograms. Mike not only does the layout forour electronic newsletter, but he alsoestablished our new monthly, electronic CorkBoard and (in his spare time..!!) has workeddiligently to establish the new (first) regionalaffiliate - the Maryland and District ofColumbia Association of AdministrativeAdjudicators. Kudos to these workhorses!

And a very heartfelt thank you and a sadfarewell (but not goodbye!) to outgoing boardmembers, Susie Bargo (KY), Larry Craddock(TX), and Steve Mihalchik (MN). Susie is myvery dear friend who has been beside methrough thick and thin (and lots of laughs!),Larry has given me wise counsel and manygood ideas, and Steve has always been quickto offer help whenever I asked. You three willbe sorely missed on the board!

I look forward to seeing many of you atthe Annual Meeting and Conference inFlorida! In the meantime, let me hear yourconcerns and comments,Janet.Thompson@mail.state.ky.us or 502-564-7312.

INTERNATIONALADMINISTRATIVE LAW

CONFERENCE IN TORONTOTyrone Butler, Ed Felter, Bryan McDaniel

We again ask each of you to mark yourcalendars for the Third InternationalAdministrative Justice Conference in Torontofrom June 20, 2004 to June 23, 2004. Thetheme of the conference is “BringingAdministrative Justice to the People of theWorld.” It will be co-sponsored by ourorganization and the ABA/NCALJ. Theconference will be headquartered at Toronto’sfabled and historic landmark hotel, theFairmont Royal York. To be placed on theconference mailing list, contact any one ofthese Exploration Committee members:

● Judge Tyrone T. Butler(TTB001@aol.com)

● Judge Bryan Mcdaniel(bmcdaniel@adminlaw.state.la.us

● Judge Ed Felter(ed.felter@state.co.us)

Questions concerning the hotel, its facilitiesand accommodations may be directed to:

Fairmont Royal York Hotel100 Front Street West

Toronto, Ontario, Canada M5J 1E3Tel. (416) 368-2511

FAX: (416) 368-9040E-mail: royalyorkhotel@fairmont.com

FOUR HALF-TUITIONSCHOLARSHIPS FOR 2004 ALJ

MEDIATION TRAINING OFFEREDTO NAALJ AND NCALJ MEMBERS

Larry Craddock, Ed Felter, Lois Oakley

The National Judicial College is offeringtwo one-half tuition scholarships, and possiblyone full tuition scholarship, for NAALJmembers to attend the 2004 MediationTraining, which will most likely be held inAtlanta in Spring 2004. The same number andtype of scholarships are also being offered toNCALJ members. A minimum of four, andpossibly six scholarships will be offered. Thecriteria for scholarship awards are: (1)membership in NAALJ or NCALJ,respectively; (2) financial need, including acertification from the applicant’s appointingauthority that his/her organization will not paytuition expenses; (3) a certification from theappointing authority that the applicant’sorganization furnishes, or will imminentlyfurnish official mediation services and theapplicant will be deployed, in part, as amediator; (4) the applicant’s contributions toNAALJ or NCALJ, respectively; and, (5)academic and professional credentials.

The Scholarship Screening Committeeconsists of Judge Lois Oakley of Georgia,Judge Larry Craddock of Texas and Judge EdFelter of Colorado. The deadline forapplications is December 1, 2003. Please sendthe application (composed by the applicant andillustrating how the above criteria have beenmet) to Judge Ed Felter at:

Edwin L. Felter, Jr.Senior Administrative Law Judge

Colorado Division of AdministrativeHearings

1120 Lincoln Street, Suite 1400Denver, Colorado 80203

Direct Line: 9303) 764-1417Fax: (303) 764-1401

E-Mail: ed.felter@state.co.us

NAALJ, NCALJ AND NJC PLANACADEMIC STUDY

Larry Craddock (TX)

The National Association ofAdministrative Law Judges (NAALJ), theNational Conference of theAdministrative Law Judiciary (NCALJ) of the American Bar Association JudicialDivision , and the National JudicialCollege (NJC) plan to cosponsor anacademic study. The study will develop acomprehensive profile of state and localALJs and other administrativeadjudicators. It will focus on such issuesas how many there are; where they arelocated; their working conditions; whattypes of case loads they handle; whateducation and skills they bring to theirjobs; what continuing education and otherresources they have available; whatadditional resources they need to improvetheir working conditions and jobperformance; the most feasible way inwhich those resources could be deliveredto them; and similar related issues.

To conduct the study, NAALJ,NCALJ, and NJC plan to contract with theLyndon Baines Johnson School of PublicAffairs ("LBJ School") at the University ofTexas at Austin. The LBJ School hasa highly-regarded graduate degreeprogram in public affairs. The schoolrequires each graduate degree candidate tocomplete a "policy research project." Thepolicy research project is a year-longcourse which involves a team of 10 to 20graduate students led by a faculty memberwith a strong background in bothgovernment affairs and academic research.Some of the students will be "joint degreeprogram candidates" who on graduationwill receive degrees from both the LBJSchool and the University of Texas Schoolof Law.

The study will generate largeamounts of original data through mailand telephone surveys. The study willsupplement these surveys with in-depth,face-to-face student interviews withadministrative adjudicators. There willalso be interviews with others withwhom the administrative adjudicatorsinteract. The students will conduct theseinterviews, for the most part, in thehome locations of the interviewees andat training meetings and conferences. Byusing random sample data analysistechniques, the study will create astatistically accurate sample profile ofthe administrative adjudicatorcommunity. The students will prepare areport regarding the results of their studyand their recommendations foraddressing the problems and needsidentified. The LBJ School will publishand disseminate the report and theNAALJ Journal will also disseminatethe report results.

The sponsoring organizations willuse the data and reports to improve theirservices. Funding for the project is beingsought through grant applications. Thegrant search effort is being led by NJCPresident Bill Dressel and his staff.

Project details are still tentative andsubject to revision. Organizationrepresentatives who have done thepreliminary planning for the project areNJC President Dressel, Judges Ed Felterand Larry Craddock of NAALJ andNCALJ, and Professor Richard L. Schottof the LBJ School. Plans are to conductthe study in the 2004-2005 academic year.We need volunteers to collect addressesof state and local adjudicators to build ascomplete a list of addresses for the projectsurveys as is practicable. To volunteer tocollect this information in your area or topose questions or offer suggestionsrelated to this project please contact eitherJudge Felter, Judge Craddock, orPresident Dressel.

2003 ROSSKOPF LIFETIMEACHIEVEMENT AWARD

Willie C. Thompson, Jr. (VA)

The Rosskopf Award selectioncommittee is soliciting nominations for2003 award. If you have not submittedyour nomination, there is still time.

The award is given to an individualwho has made significant contributions tothe administrative judiciary and the fieldof administrative law. The deadline fornominations is September 15, 2003.Please submit the name and a briefstatement explaining why you believe thenominee should receive the award.

Nominations should be submitted tome or any member of the committee:Charlotte Rutherford, Oregon; JamesReilly, Illinois; Bill Dorsey, California.

LEXIS/NEXIS CHALLENGEGRANT UPDATE

Lori Eisele (KY)

The following state affiliates areparticipating in the 2003 LexisNexisChallenge Grant Program: Alaska;Arkansas; Georgia; Illinois; Kentucky;Maryland - District of Columbia; NewYork; Oregon; Texas; and Virginia.Lexis/Nexis has allocated $3000 for thisprogram. A scholarship recipient fromeach participating state affiliate willreceive $300 and one free registration tothe 2003 NAALJ Annual Conference inOrlando.

Affiliates are developing selectioncriteria for scholarship eligibility and areraising the affiliate share of thecontribution to cover remaining expenses.Scholarship winners will be recognized

and presented a check from NAALJ for$300 at the Annual Conference Banquet.Contact: Lori Payne Eisele, LexisNexisProgram Coordinator, (502) 564-6621 orLori.Eisele@mail.state.ky.us.

AN EDUCATIONALCOLLABORATION

Lois Oakley (GA)

The states comprising the southeasternregion of the United States lead the nationin alcohol related vehicular fatalities.One factor contributing to this dubiousdistinction is the negative perception of lawenforcement regarding the administrativelicense suspension process. The relativelylow participation of the law enforcementcommunity in administrative licensesuspension adjudications results in a largeincidence of license suspension reversals.

This problem has spawned an unusualcollaborative effort in the State of Georgia.The Georgia Office of State AdministrativeHearings invited each of the stakeholdersin the adjudication of impaired drivers todeliberate upon solutions. The ABANational Highway Traffic SafetyAdministration Judicial Fellow facilitatedthese discussions. Participants in thisroundtable included representatives of theagency issuing drivers permits (theDepartment of Motor Vehicle Safety), thelegal advisor to the issuing agency (theOffice of the Attorney General), theprosecutor of the corollary criminalproceedings (the Prosecuting Attorney’sCouncil), the National Highway TrafficSafety Administration, and the Governor’sOffice of Highway Safety.

The group’s discussions explored thechallenges of courtroom management inadministrative license suspension cases andthe benefits of facilitated judicial discussionabout these challenges. As a result of thediscussions, experienced GeorgiaAdministrative Law Judges developedscenarios illustrating case managementchallenges in administrative licensesuspension adjudications. Faculty from theNational Judicial College, assisted by theABA Judicial Fellow, will use these scenariosto facilitate discussions with Georgia ALJs.The success of this educational collaborationwill be measured by the degree to which theGeorgia law enforcement communityincreases its participation in administrativelicense suspension adjudications.

CHICAGO MID-YEAR MEETING PHOTOGRAPHSTHE NAALJ MID-YEAR MEETING WAS A ROUSING SUCCESS, BOTH EDUCATIONALLY AND SOCIALLY. ALL IN

ATTENDANCE WERE REWARDED WITH A WELL-PREPARED EDUCATIONAL EXPERIENCE, WITH A DISTINGUISHED PANEL OF JURISTS,EDUCATORS, AND OTHERS SKILLED IN THE FIELD OF ADMINISTRATIVE LAW. HERE ARE SOME SCENES FROM THE CONFERENCE:

THE NAME OF THE GAME

LORI EISELE TALKS ABOUT THE LEXISSCHOLARSHIP PROGRAM

IAALJ OFFICERS ARE SWORN IN

NAALJ PRESIDENT JANET THOMPSON

ATTENDEES PAY CLOSE ATTENTION

ANN BREEN-GRECO PRESENTS ACERTIFICATE TO JUDGE PALLMYER

JUSTICE MARY ANN MCMORROW OFTHE ILLINOIS SUPREME COURT

PROFESSOR ALICE NOBLE-ALLGIRESPOKE ABOUT EFFECTIVE DECISIONWRITING FOR ADMINISTRATIVE LAW

JUDGES

THE PALMER HOUSE- HILTON PROVIDED ANELEGANT HOME AWAY FROM HOME

IAALJ PRESIDENT AND CONFERENCECHAIR ANN BREEN-GRECO

SEVERAL OF THE GROUP WENT TO THECHICAGO BLUES FESTIVAL

A SPECTACULAR SHOW !!!!

NAALJ/ABA-NCALJ MID-YEARCONFERENCE A RESOUNDING

SUCCESSAnn Breen-Greco (IL)

The National Association ofAdministrative Law Judges and the AmericanBar Association National Conference of theAdministrative Law Judiciary Mid YearEducation Program, “ADMINISTRATIVELAW JUDGES AND AGENCIES:WORKING TO ENHANCE PUBLICCONFIDENCE IN ADMINISTRATIVEADJUDICATION, ” was a very successfulevent, both in terms of content and turnout.

The event took place in Chicago May29, 30, and 31, 2003, at the Illinois State BarAssociation (ISBA). ISBA has long been asupporter and site for educational programs forthe administrative judiciary. Our Co-Sponsors--Chicago Bar AssociationAdministrative Law Judge Committee, IllinoisState Bar Association Administrative LawSection, ABA Section on Administrative Lawand Regulatory Practice, National BarAssociation Administrative Law Section,Women’s Bar Association of Illinois, andGovernment Bar Association—alsocontributed to the success of the event, throughpublicity, services, and scholarships forattendees.

Despite the fact that virtually every statehas a budget deficit and many states, includingour host state of Illinois, have just recentlyelected new governors who appointed newagency heads, the program was supported bymembers of the administrative judiciary fromaround the country, a number of whom had topay their own way. Their approval of theconference content was reflected by commentsand the evaluation forms, for the faculty andwriting materials.

From the opening ceremony onThursday to closing on Saturday, theconference featured members of the bench,bar, administrative judiciary, and law schoolfaculty. The highlight of our openingceremony was an appearance by Illinois’ firstfemale Supreme Court Justice and currentlyfirst female Chief Supreme Court Justice,Mary Anne McMorrow, who received astanding ovation and graciously praised andsupported the administrative judiciary.Chicago Corporation Counsel Mara Georgesaccepted our Certificate of Appreciation toMayor Richard M. Daley for establishing theChicago City Central Hearings Panel. AndNAALJ President Janet Thompson andNCALJ Chair-Elect/NAALJ Treasurer TyroneButler (the newly appointed Chief ofWashington’s, D.C. central panel) also offeredgreetings. Our first Writing panel, moderatedby ALJ LaVerne Rolle Saunders was followedby the writing presentation of Southern IllinoisUniversity Law School’s Professor AliceNoble Algire. The writing session concludedwith a panel on the administrative review ofALJ decisions, moderated by the IllinoisAssociation of Administrative Law Judges’

(IAALJ) Treasurer Chief ALJ Stanley Cygan,with Illinois Appellate Court Justices AlanGreiman and Leslie South, and FederalNorthern District Judge Blanche Manning,who also swore in the newly elected IAALJofficers and board. Chicago Kent College ofLaw Dean Harold Krent concluded our firstday with comments on the function of ALJsand the relationship to agencies, as a transitionto the second day’s program. A number of usthen “adjourned” to Chicago’s Grant Park for anight at the Blues festival, an internationalannual concert.

Our second day on the ALJ-AgencyRelationship opened with keynote speakerFederal Northern District Judge RebeccaPallmeyer discussing the most recent cases onthe role of the ALJ (her remarks will be postedon the NAALJ, NCALJ, and IAALJwebsites). Panels throughout the day, with aconcluding panel moderated by MinnesotaChief Justice Edward Toussaint, focused ondiversity and how we can best work togetherto fulfill the public’s expectation for a fair andimpartial administrative judiciary. Fortyattendees then dined sumptuously at the ItalianVillage on a five course meal. Our Saturdaywrap up session, conducted by formerMaryland Central Panel Chief Judge JohnHardwicke, was an excellent conclusion forthe conference.

EVERYONE COME TOORLANDO !!!!!

Errol Powell (FL)

Orlando, Florida is the place where youcan have stimulating and educationalpresentations, obtain continuing legaleducation credit, and have fun at the sametime. If you want to do all of these things,come to the 2003 National Association ofAdministrative Law Judges (NAALJ) AnnualConference and Meeting in Orlando, Floridaon October 10-15, 2003, at the Gaylord PalmsResort and Convention Center.

The presentations of this year'sConference are designed to address some ofthe legal concerns that have been expressedduring recent years and during the budgetsituations in which states find themselves.You will also learn about Florida'sAdministrative Procedures Act, whichcontinues to develop. A majority of thepresentations are also designed for your activeparticipation, and you are invited to provideyour input during the presentations. Sharingyour thoughts and experiences is a learningprocess which is welcome.

Remember, the Conference is not allmeetings. The Conference will be held in theheart of Florida's tourist area, Orlando, soplease come prepared to learn, but to also havefun. Anyone who can is strongly encouragedto bring your family. The Gaylord Palms is anexquisite, premier hotel. We will be located inthe Emerald Bay section of the hotel; you can

view the hotel at its web site,www.gaylordhotels.com/gaylordpalms.By the time you receive this newsletter, youshould have received your brochure for theConference. You can also access the brochureon the web sites of NAALJ (www.naalj.org)and the Division of Administrative Hearings(www.doah.state.fl.us). The details and scheduleare also included with this newsletter, andinclude a registration form. The websites alsocontain details about the special eventsoccurring on Saturday, October 11, 2003.Please remember to check the deadlines forregistration and hotel rooms.

This conference offers something foreveryone. For anyone who only wants toregister for certain days of the Convention andnot the entire Convention, we have a pro-ratedregistration fee available which is as follows:Sunday, October 12, 2003--$75; Monday,October 13, 2003--$125; Tuesday, October 14,2003--$125; Wednesday, October 15, 2003--$75. If you choose this pro-rated option,please, clearly identify it on your registrationform for the Convention and the day(s) and thefee for each day that you have chosen.

WE ARE ANXIOUSLY LOOKINGFORWARD TO SEEING YOU IN

ORLANDO. COME ON DOWN !!!!!

NATIONAL ADMINISTRATIVELAW JUDGE FOUNDATION

FELLOWSHIP - 2004Ed Felter (CO)

The National Administrative Law JudgeFoundation, the public interest arm of theNational Association of Administrative LawJudges, is requesting applications for the 2004Fellowship. The Fellowship was endowed toencourage research and scholarship forimproving administrative justice.

The topic for the 2004 Fellowship is“The Relationship of the Administrative LawAdjudicator to the Agency Head.” This isbasically the same topic as the 2003 topic forwhich there were no timely submissions.

The Fellowship will offer the successfulcandidate the opportunity to analyze a range ofissues concerning the relationship of theadministrative law adjudicator to the agencyhead, and the respective roles of each. Currentissues include governmental authority to actversus due process when national security andpublic safety are threatened. Candidates mayaddress issues of decisional independence ofadjudicators, agency policy and rule-makingprocesses, transparency in government,separation of functions, bias and conflicts ofinterest, ex parte communications, decision-making ethics, and the judicial model versusthe "institutional model" for agency decision-making.

The Fellow will prepare an originalarticle for publication in the Journal of theNational Association of Administrative LawJudges, and will deliver a fifty-minute oral

presentation at the annual meeting in the fall of2004. Besides the $1,000.00 cash stipend, theFellow will receive air transportation,accommodations, and meals at the annualmeeting and educational program in SaintLouis, Missouri in the fall of 2004. The finaldraft of the paper will be due December 31,2004.

Applicants for the 2004 Fellowshipshould submit two copies of a detailed outlinefor the proposed article, an abstract or anintroduction to the paper, with a writingsample, curriculum vitae, and a list ofpublications, by February 1, 2004. TheFellowship Committee will review thesubmissions and select a Fellow byMarch 30, 2004. Applications and inquiriesshould be addressed to the Chair of theFellowship Committee:

EDWIN L. FELTER, JR.SR. ADMINISTRATIVE LAW JUDGE

COLORADO DIVISION OFADMINISTRATIVE HEARINGS

1120 LINCOLN STREET, SUITE 1400DENVER, COLORADO 80203

TEL: (303) 764-1417FAX: (303) 764-1401

EMAIL: ED.FELTER@STATE.CO.US

ANOTHER NAALJ SUCCESS:2003 MEDIATION TRAINING FORADMINISTRATIVE LAW JUDGES

Lynda Lee Moser (GA)

The word is out! No praise is too finefor this new course at the National JudicialCollege (NJC). Offered in cooperation withthe National Association of AdministrativeLaw Judges (NAALJ) and the NationalConference of Administrative Law Judges(NCALJ), the course was designed to equipALJs to be effective mediators. Completion ofthe course also allowed ALJs to meeteligibility requirements in those states thatrequire a 40-hour initial education program forbecoming a mediator.

The course was offered by the NJC at itscampus on the University of Nevada in Renofrom March 30 through April 4, 2003. Duringthe orientation session, NJC President,William Dressel, welcomed participants.Joining Judge Dressel in this welcome wereacademic director, William Brunson, andprogram attorney, Sylvia Edgar. Mr.Brunson, who is distinguished by hishumorous wit, bolstered his comments with anenthusiastic power point presentation aboutReno and the surrounding area that is bestknown for Lake Tahoe. Maybe it was Mr.Brunson’s enthusiasm about the 15 premiereski resorts in the area or just Mother Nature atwork in the Rocky Mountains, but NJC madesure the participants were treated to a springsnow.

Faculty for this course drew ravereviews. The “fab four” were: BertHarberson, Director of National Policy and

Assistant General Council for the Council ofState Government in Lexington, Kentucky;Nancy Lynch, ALJ at the State Office ofAdministrative Hearings in Austin, Texas, andformer ADR coordinator for that office;Phyllis Reha, Commissioner of the MinnesotaPublic Utilities Commission in St. Paul,Minnesota, and former ALJ; and MarshallSnider, Chief ALJ for the Colorado Divisionof Administrative Hearings in Denver,Colorado. This short introduction only beginsto showcase the tremendous experience andtalent of such a stellar faculty. The fourworked together in obvious harmony to delivera program of the highest quality. Participantswere grateful, indeed, for the tirelessprofessionalism and vast knowledge of thisremarkable faculty.

The list of participants was alsodazzling. They came from all over the UnitedStates. Especially welcomed were Ramon(“Ray”)Dela Cruz and Henry Hofschneiderwho came all the way from Saipan in theNorthern Mariana Islands to attend.Participants included state and federal ALJsand hearing officers who work in a variety ofareas including employment, transportation,public utilities, labor, public lands, SocialSecurity, and industrial insurance. Mediationexperience of these participants varied. Therange extended from novices like Ray andHenry who were just learning how to mediateto veterans like Pete Rader from Oregon andChuck McCullough and Sally Carpenter fromWashington who are experienced mediators.With the oversight of NJC program attorneySylvia Edgar, course curriculum was logicaland comprehensive. Curriculum-wise, thedays were long and longer! Some felt likethey’d been dispatched to mediation bootcamp. But reward came with perseverance.

Essentially, participants learned how toconduct the essential stages of the mediationsession. Special attention was focused onmaking the opening statement, engaging theparties in caucus, and drafting a mediationagreement. Participants were generallyacquainted with negotiation theory and theconflict resolution process. Specifically, theyreceived tips on how to prevent and breakimpasse during a mediation session, and howto facilitate decision-making within themediation process. Participants were alsointroduced to ethical and confidentialityconcerns that arise in the mediation process, aswell as to the importance of maintaining one’sneutrality as a mediator. Comparisons weremade between sitting as a hearing officer orALJ and conducting a mediation. Without adoubt, no participant - novice or veteranmediator - completed the course withoutenhancing his or her skills and knowledgeabout mediation in the administrative lawsetting.

A resounding “thank you” goes to theNJC and its superb faculty and staff foroffering ALJs such a rewarding opportunity tolearn about mediation. This course ranked anA-plus!

DO YOU SING LIKE A BIRD?????

CAN YOU PLAY PIANO LIKELIBERACE?????

ARE YOU THE NEXT ROBERTREDFORD?????

If the answer to any of these questions isyes, then, quite frankly, we are not interested.If, however, you are one of us mere mortals,with a level of talent equal to that given to arock or tree stump, then you are NEEDED.

On Monday evening, October 13, 2003,the National Association of AdministrativeLaw Judges is proud to present its secondannual “No-Talent” show.

If last year’s event is any indication, thiswill be the most talked about part of theconference!!!! We found talents that eventhose who had them did not know they had.From the Soggy Diaper Boys, throughMaryland’s award-winning teleconferencingskit, and the New York delegations’ rousingrendition of New York, New York (led by ourtreasurer Tyrone Butler, complete with highkicks).

The conference committee retained theservices of an excellent disk jockey / Karaokedirector who kept thing moving at a steadypace. There was plenty of liquid refreshmentavailable to “grease the wheels” and the entireevening was a blast. Please join us!!!!!

SOME SCENES FROMLAST YEAR’S SHOW

The victorious Maryland Delegation

New York, New York

Phil Jackson belts one out

BIOGRAPHY OFHON. ERROL POWELL

Errol H. Powell is anAdministrative Law Judgewith the Florida Divisionof AdministrativeHearings (DOAH). Hehas been a Judge withDOAH since February1993.

Judge Powell received his B.A. degreefrom the University of North Carolina atChapel Hill (Chapel Hill, North Carolina) in1973 and his J.D. degree from Florida StateUniversity, College of Law (Tallahassee,Florida) in 1978. Judge Powell was admittedto The Florida Bar in 1979 and is certified topractice before the U.S. District Court,Northern District of Florida.

Prior to becoming an AdministrativeLaw Judge, Judge Powell was counsel to theSpeaker of the Florida House ofRepresentatives, Staff Director of the HouseEthics and Elections Committee, and SpecialMaster for the Florida House ofRepresentatives. During the first year thatJudge Powell was the Staff Director for theHouse Ethics and Elections Committee, theFlorida Legislature passed a major reformethics law.

Judge Powell was no stranger to thepolitical process. In 1988, he was a candidatefor County Judge in Leon County, Florida.Additionally, he has been in the final selectionfor appointment by Florida's Governor tojudicial positions in the county and circuitcourts.

Also, prior to becoming anAdministrative Law Judge, Judge Powell wasprosecuting attorney for the Department ofProfessional Regulation, now the Departmentof Business and Professional Regulation, andmanaging attorney with Legal Services ofNorth Florida, Inc. Judge Powell began hispractice of law assisting the poor throughLegal Services.

Judge Powell is active in The FloridaBar. He has been appointed by the Presidentof The Florida Bar to serve on the Committeeon Professionalism and a member of theAdministrative Law Section and GovernmentLawyer Section. Judge Powell is past Chair ofthe Judicial Nominating ProceduresCommittee and of the Professional StressCommittee of The Florida Bar and a formermember of the Grievance Committee of theSecond Judicial Circuit of Florida.

Judge Powell's professional associationsinclude membership in the American BarAssociation (ABA) and, within the ABA, inthe Judicial Division, National Conference ofAdministrative Law Judges in which he serveson the Executive Committee (Member), andthe Courts and Community Committee (Co-Chair), and previously served on the StateAdministrative Law Committee (Member), theEducation Committee (Member), and the LongRange Planning Committee (Member); in the

National Association of Administrative LawJudges in which he serves on the Board ofGovernors; in the National Bar Association inwhich he is a member of the Judicial Counciland Administrative Law Section; in the VirgilHawkins Florida Chapter of the National BarAssociation; in the Tallahassee BarristersAssociation in which he is the Historian andpast President, Vice-President, and Treasurer;in the Tallahassee Bar Association of which heis past Treasurer, and a former member of theLegal Aid Foundation Board; in the FloridaGovernment Bar Association of which he ispast President and Treasurer; and in theTallahassee Women Lawyers.

Judge Powell has spoken on numerousoccasions and participated on numerous panelsinvolving the legal profession. He is amember of The Florida Bar's Speakers' Bureauand has spoken on merit selection andretention of judges. Judge Powell has spokenon and participated on panels addressingimproving public trust and confidence in thejudiciary. He has also been a presenter atCLEs involving professionalism, practicalhints of practicing before the agency withwhom he is employed (Division ofAdministrative Hearings), and Florida'sadministrative hearing process involvingdisputed issues of material fact.

Judge Powell has been continuouslyinvolved in providing pro bono legal service tothe community prior to becoming anadministrative law judge, which prohibits himfrom providing pro bono legal service. He isalso continuously involved in educating thecommunity regarding the legal profession.Additionally, at least twice a year, JudgePowell speaks to middle school students aboutthe legal profession.

Judge Powell's involvement incommunity organizations has been wide andvaried. He is currently Vice President of theTallahassee Area Chapter, 100 Black Men ofAmerica; member of the Board of BigBrothers Big Sisters of the Big Bend; and a lifemember of the NAACP. Judge Powell was onthe Board of the Tallahassee Urban League ofwhich he was the Parliamentarian, has assistedThe College Fund/The United Negro CollegeFund (UNCF) in its fund raising, and wasPresident of the C. K. Steele Jaycees.

Judge Powell has received numerousawards and recognitions for his communityservice and leadership roles in the legalprofession, including the TallahasseeBarristers Association President's Award foroutstanding service and contribution of time;the Tallahassee Barristers Association awardfor dedicated service to the legal professionand the community; the Private BarInvolvement distinguished service award;National Women of Achievement, Inc. Awardfor outstanding service, leadership, andachievement; and an award from The CollegeFund/UNCF for serving as Chairperson forThe College Fund in the Big Bend Area.

Due to his unavailability, the Editors wereunable to present Judge Powell’s biographywith those of the other newly elected BoardMembers in our prior issue

NOMINATIONS FOR OFFICEFOR THE YEAR 2003 - 2004

Larry Craddock (TX)

The NAALJ 2003 nominating committee ispleased to announce the recommended slate ofnew officers and board members for next year.(Those elected will take office at theconclusion of the annual meeting in Florida).The nominees are as follows:

Officers:

Chris Graham (Missouri), President (byautomatic succession from his current office aspresident-elect);

Tyrone Butler (Washington D.C.), President-elect;

Lois Oakley (Georgia), Secretary;

Bill Dorsey (U.S. Department of Labor),Treasurer;

Janet Thompson (Kentucky), immediate past-president (by automatic succession from hercurrent office as president);

Board of Governors:

Mike Nolan (Maryland),Ken Nickolai (Minnesota);Tom Stovall (Tennessee); andBob Layton (Kentucky).

If elected, these nominees will join hold-over board members

David Marcus (Oregon);David Brunke (Texas);Errol Powell (Florida); andJacqueline Watts (Louisiana) to form nextyear's board.

NOMINATIONS WILL ALSO BE ACCEPTED FROMTHE FLOOR AT THE ANNUAL MEETING ON

OCTOBER 13, 2003

The committee thanks everyone whoparticipated in the nominating process thisyear and congratulates the nominees.

Respectfully submitted,

The 2003 NAALJ Nominating CommitteeLarry Craddock (Texas), ChairSusie Bargo (Kentucky), Vice ChairChris Graham (Missouri), MemberPeter Loomis (New York), Member

NEWS FROM THE STATESGeorgiaGAALJHONewsSteve Teate,President

The Georgia affiliate continues to focus onlocal news since the last newsletter includes:(1) a trip to the mid-year NAALJ conferencein Chicago for Steve Teate (GAALJHOpresident) and Lois Oakley (OSAH ChiefJudge & NAALJ board member) (2) areception and luncheon at OSAH for currentand prospective members, and (4) fund-raisingevents for the annual NAALJ conference inOrlando that have included monthly bake salesand an auction. Future bake sales and auctionsare contemplated as GAALJHO tries to sendas many members to Orlando as possible. JoeBaird was a wonderful auctioneer and willrepeat his performance in August and possiblySeptember. Fortunately, GAALJHO isparticipating in the Lexis/Nexis grant thathelps defer some cost. Upcoming events alsoinclude “brown bag” luncheon speeches, thedevelopment of GAALJHO law studentsection with a goal of awarding a financialprize for an administrative law paper, and co-ordination of efforts with the AdministrativeLaw Section of the State Bar of Georgia toplan a future seminar and to work with thatsection to further legislative and administrativechanges that may improve the administrativejustice system.

Non-GAALJHO related member newsincludes: the birth of a son (Micah) to RonitWalker with a wonderful bris to celebrate theoccurrence; Ana Kennedy’s swearing-inceremony and speech at the Latin AmericanAssociation; newspaper quotes and televisioncoverage of a large administrative paternitycalendar for Jessy Lall and Steve Teate(clearly as judges, not litigants); Jessy Lall’sBali and Costa Rican trips; Phillip Jackson’sparticipation in a Legal Runaround race forscholarships for children of police officerskilled or injured in the line of duty; LyndaMoser’s attendance for mediation training forALJ’s at the Judicial College in Reno; MarkDickerson’s church-building trip to ruralMexico; and Michael Malihi’s and Lois’sOakley’s Seattle trip for special ed training atthe University of Seattle.

PRESIDENT STEVE TEATE ADDRESSES ARECENT GATHERING

If you’re ever in Atlanta, give us a call.If you visit on a first Tuesday of the month,you may have an opportunity to buy bakedgoods or get a bargain at one of our auctions.

SOME OF THE AUCTION GOODIES

KENTUCKYKAAANEWS

Nancy S. Alexander

THE Kentucky Association ofAdministrative Adjudicators held its annualconference and meeting on May 16, 2003.Officers were elected and an outstandingworkshop, Opinion Writing for AdministrativeLaw Judges, was presented by Ronald R.Hofer, Professor with The National JudicialCollege.

Professor Hofer is the district staffattorney for the Wisconsin Court of Appeals,District II, in Waukesha, Wisconsin. Mr. Hoferholds an H.B.A. and J.D. from MarquetteUniversity and an M.A. from the University ofVirginia, where he was a Danforth Fellow. Hecurrently teaches appellate advocacy atMarquette University Law School and is afrequent speaker for the American BarAssociation’s Appellate Judges SeminarSeries. Mr. Hofer contributed to the writing ofthe American Bar Association JudicialOpinion Writing Manual (West, 1991). He hasserved on the faculty of the National JudicialCollege since 1994.

With his great sense of humor and quickwit, Mr.Hofer led workshop participantsthrough the steps necessary to become a moreskillful and effective opinion writer. Until thisworkshop, the group had no idea that Englishgrammar, syntax, and semantics could be somuch fun!

A brief business meeting was conductedand officers for the coming year were elected.Those installed were Robert Layton,President; Nathan Goldman, President Elect;Nancy Alexander, Vice President ; JamesBailey, Secretary; Shaun Orme, Treasurer,Janet Hall, Board Member at Large, and HenryCurtis, Board Member at Large. JanetThompson is Ex Officio- Liaison NAALJ.

Susie Bargo is immediate Past President. Adelicious lunch was served to 50 participants.

KAAA will host a complimentaryluncheon meeting for members andprospective members on August 8, 2003 inFrankfort, Ky. Extensive outreach efforts arebeing made to introduce other administrativelaw judges to the benefits of membership inKAAA and NAALJ. KAAA also plans acompetitive writing contest for law schoolstudents on the topic of administrative law.The winner will get free registration for theannual conference and the winning articleswill be distributed with conference materials.The objective is to promote awareness ofadministrative law career opportunities and toprovide new articles on Kentuckyadministrative law for KAAA members.

NEW YORKNYSALJA

NEWS

Marc Zylberberg,President

The Nominating Committee of the NewYork State Administrative Law JudgesAssociation (NYSALJA) has proposed thefollowing slate of candidates for considerationby the NYSALJA membership for officerpositions for the period October 1, 2003through September 30, 2004, and Boardpositions for the 2 year period endingSeptember 30, 2005:

President: Hon. Catherine M. Bennett

President-Elect: Hon. Michael Danziger

Vice-President: Hon. Christine C. Traskos

Secretary: Hon. Anne W. Murphy

Treasurer: Hon. Marc P. Zylberberg*

NAALJ Liaison through 9/30/05:Hon. Abigail S. Bernhardt

Board Member through 9/30/05:Hon. Sue Novick Wasko

Board Member through 9/30/05:Hon. James Hinds

* Hon. Marc P. Zylberberg will alsoautomatically become Immediate PastPresident and, therefore, a Board Member inthat capacity. The Board therefore would bereduced by one person for the period 10/01/03-9/30/04.

In accordance with NYSALJA’sConstitution and By-Laws all past Presidentswho remain members of the Associationcontinue to serve on the Board.

2003 ADMINISTRATIVE LAW JUDGEINSTITUTE - ALBANY, NEW YORK

Building on a relationship which beganwith the Albany 2000 NAALJ Conference, theNew York State Administrative Law JudgesAssociation (NYSALJA) recently partneredwith the Government Law Center at AlbanyLaw School in co-sponsoring the 2003Administrative Law Judge Institute, whichtook place on June 17, 18 and 19, 2003 inAlbany, New York. The program attractedAdministrative Law Judges and per diemHearing Officers from both the upstate andNew York City areas, and provided a varietyof educational tracks running simultaneouslyover the three days. This was the first of whatis hoped to develop into a full week annualsession devoted to training exclusively forneutrals in New York administrative hearings.Members of NYSALJA formed an AdvisoryCommittee which assisted the law school insuggesting topics of discussion and planningthe Conference, and several current officers ofthe Association also participated as speakers.Those speaking included Past Presidents JimHoran and Peter Loomis; current PresidentMarc Zylberberg; and President-Elect CathyBennett.

Professor Michael J. Hutter, an expert inthe areas of evidence and expert testimony, aswell as being a frequent presenter toAdministrative Law Judges and Article VIJudges (the Judicial Branch identified in theNew York State Constitution), provided anexcellent program on June 17th. ProfessorHutter was awarded Honorary membership inthe New York State Administrative LawJudges Association.

TEXAS(TAPAA) NEWS

Marc Burns, President

TAPAA (Texas Association ofProfessional Administrative Adjudicators), theTexas chapter of NAALJ, is coming off a yearof turmoil, during which the membershipwithstood a somewhat divisive debate overwhether to remain affiliated with NAALJ.Although some members were quite passionateabout the NAALJ-affiliation issue, others werenot interested in the debate or particularlyinvested in the outcome. Even this differencein the level of involvement in the affiliationissue contributed to some disaffection amongthe members.

Nonetheless, TAPAA’s 2002 boardprovided leadership that allowed fordifferences of opinion and for theresolution of the issue by the membership.Throughout the process, Lea Ann Burnettorganized excellent and well-attendedtrainings.

The new year has brought morechallenges for TAPAA. The new president ofTAPAA was part of a Reduction In Force

(state employment-speak for laid off) inFebruary and TAPAA’s president-elect andvice president resigned from the TAPAAboard shortly thereafter.

However, all is not lost. First, CathieParsley, general counsel and an administrativelaw judge at the Texas State Office ofAdministrative Hearings has agreed to assumethe position of TAPAA vice president, and theboard is talking to “volunteers” for theremaining board vacancy. Second, theTAPAA board is surveying the membership tohelp ascertain how to better and more vitallyserve TAPAA’s membership. Third, TAPAAis planning a series of trainings with anemphasis on presiding skills and approaches.

According to Marc Burns, president ofTAPAA and one of its founders, the somewhatawkward and cumbersome name for TAPAAwas chosen to help ensure the associationwould be inclusive of those who preside incapacities other than as administrative lawjudges. “In Texas, the role of anadministrative law judge is performed bypeople with a variety of titles, and we wantedthem all to know that they are welcome.”Consistent with the inclusive philosophy thatis to blame for TAPAA’s name, the newtraining is aimed at least in part at extendingthe educational opportunities TAPAA providesto those with little or no other trainingopportunities as presiders, including those whoconduct arbitrations in Texas under the FederalTelecommunications Act. The presidingtrainings will be coupled with and balancedagainst segments addressed to more advancedtopics. For example, a segment on managingcomplex multi-party contested cases is plannedfor an upcoming training.

TAPAA takes this opportunity to expressits appreciation to David Brunke for his manyservices to TAPAA and to NAALJ, includinghis committment to serve on NAALJ's board.TAPAA also invites other chapters and otherNAALJ members to share with us yourexperiences and insights regarding ways inwhich TAPAA might better serve its members.

ALASKAAAALJ

Ed Hein, Secretary

A bill to create a statewide central panelwas introduced in the Alaska Legislature thisyear. Senate Bill 203 would establish theOffice of Administrative Hearings, with achief administrative hearing officer appointedby the governor for up to three five-year terms.The OAH would issue proposed decisions insome 50 state programs, includingoccupational licensing, child supportenforcement, personnel act and ethics actcases, and Alaska permanent fund dividendcases. Hearing officers must have beenlicensed to practice law in Alaska for at leasttwo years. The chief administrative hearing

officer would adopt a code of conductgoverning all hearing officers in the state, notjust OAH hearing officers. Legislative andexecutive branch employees are specificallyprohibited from improperly attempting toinfluence the outcome of administrativehearings.

The bill is in the Senate JudiciaryCommittee. Sponsors say they are confidentthe bill will become law next year because ithas bi-partisan support in the legislature, aswell as support by the governor and hisadministration. The full text of the bill can befound on the Alaska Legislature’s website:http://w3.legis.state.ak.us/home.htm From themain page, click on "Bill Search" and enterSB203. The latest version is CSSB203(STA).

OregonOAALJNews

Tom Ewing

On May 22, 2003, Governor TedKulongoski signed into law House Bill 2526.This bill made Oregon's central panelpermanent. Among other things, it changedthe panel's name from "Hearing Officer Panel"to "Office of Administrative Hearings." Itreplaced the name "hearing officer" with"administrative law judge," headed by a "chiefadministrative law judge." The chief ALJ,while still an appointee of the director of theEmployment Department, now serves a four-year term, and may be fired only for specificcauses.

It was by no means certain that theLegislature and Governor would take this step.Like other states, Oregon is experiencing aserious budgetary crisis. But Oregon's is oneof the worst in the nation, with a 20 percentshortfall. This was not the time to ask stateleaders to approve another governmentprogram.

However, in the three years of itsexistence as a pilot, the OAH had provenitself. There was wide agreement amongagencies that the quality of work hadsignificantly improved. Legislators expressedsatisfaction with OAH's performance.Moreover, the cost efficiencies of a centralpanel over separate hearings units were amplydemonstrated in these last three years. Underthe skillful leadership of Rep. Lane Shetterly,HB 2526 sailed through both chambers of thelegislature with overwhelming support.

MARYLAND &THE DISTRICTOF COLUMBIA

A.Michael Nolan President

The Maryland and District of ColumbiaAssociation of Administrative Adjudicatorsrecently held its first elections as NAALJ’sfirst, and only regional affiliate. The meetingwas well attended. We were honored to haveas a guest speaker, the Hon. W. MichaelGillette, Associate Justice of the OregonSupreme Court. Justice Gillette gave astimulating lecture regarding judicialimpartiality, and it’s importance in theadministrative adjudicatory field. Alsovisiting for the meeting was Hon. Toni Boone,a hearing officer with the ArkansasDepartment of Driver Control.

The Officers and Members of the Boardof Governors elected for the 2003 – 2004 yearare as follows:

Officers:President

A.Michael Nolan, (MD-OAH)President Elect Lewis W. Steinwedel, (MD-DLLR)Vice-President Marvin N. Robbins (MD-SCB)Secretary Charles Morrison (MD-DLLR)Treasurer Robert E. Sharkey (DC-OAH),

Board Members:Dennis L. Sober (MD-PSC)Mark Poindexter (DC-OAH)Joan Davenport (DC-HRC)Lisa Coleman (DC-OAH)Thomas E. Dewberry (MD-OAH)

The first meeting of the Board was heldon July 17 2003 with all officers and Boardmembers present, either in person orelectronically. There was much discussion

about the logistics of the formation of the newassociation, involving selection of a newAcronym, creation of a committee structure,and other related topics. The Association isparticipating in the Lexis/Nexis scholarshipprogram. The Board decided that the selectionof a scholarship recipient should be handled bya three–member selection committee. Boardmembers and officers were excluded fromeligibility for the award. There were fourapplicants for the scholarship. The Associationwill pay all hotel expenses for 4 nights. Addedto the $300.00 grant from Lexis/Nexis and theNAALJ conference fee waiver, this isessentially an all expenses paid effort.

The Education Committee advised thatthey are preparing for the first annual essaycompetition for law students from theMaryland and DC law schools. It is hoped thatthis competition will increase theunderstanding of the field of administrativelaw. Plans are well underway, and detailsshould be available for out next newsletter. Inaddition, there will be an increased effort toincrease the membership in the Association bycontacting the other agencies in ourjurisdiction and making presentationsregarding membership benefits. We also hopeto have a cruise during the late Summer/earlyFall.

NEWS !!!!!!!At the recent Mid-Year meeting of the NAALJBoard of Governors, the Board considered,and accepted, the following resolution:

RESOLUTIONWHEREAS, the goals and objectives

of the Arkansas Association ofAdministrative Adjudicators (ARKAAA)are consistent with the objectives of theNational Association of AdministrativeLaw Judges; and

WHEREAS, the effectiveness of theArkansas Association of AdministrativeAdjudicators (ARKAA) in achieving itsgoals and objectives, would besignificantly enhanced by affiliating withand becoming a state chapter of theNational Association of AdministrativeLaw Judges;

BE IT RESOLVED that theArkansas Association of AdministrativeAdjudicators (ARKAA) hereby notifiesthe NAALJ Board of Governors of itsdesire and intention to be affiliated withthe NAALJ for the purpose of furtheringthe goals and objectives of both theArkansas Association of AdministrativeAdjudicators (ARKAA) and the NAALJ.

A copy of the Constitution and By-laws of the Arkansas Association ofAdministrative Adjudicators (ARKAA) isattached and the Arkansas Association ofAdministrative Adjudicators (ARKAA)hereby petitions the NAALJ for a charteras a state chapter; and,

BE IT FURTHER RESOLVED thatupon the approval of the NAALJ Boardof Governors, and the issuance of acharter, the Arkansas Association ofAdministrative Adjudicators (ARKAA)shall immediately submit to the NAALJ acomplete list of its members, includingcontact information for each, along withpayment of affiliate dues for each.

LADIES AND GENTLEMEN OF NAALJ, WEPROUDLY PRESENT OUR NEWEST

AFFILIATE:

ARKANSAS (ARKAAA) Sue Stolzer

The Arkansas affiliate of NAALJ beganits formation on November 15, 2002, when theOffice of Appeals and Hearings of theArkansas Department of Human Servicesconducted an education workshop. Theconference was titled Law and Justice: TheAdministrative Hearing. There were sixdifferent workshops relating to administrativehearings, including presentations by theHonorable Ellen Brantley, Chancellor for theSixth Judicial District of Arkansas; theHonorable David Greenbaum, ChiefAdministrative Law Judge with the ArkansasWorkers’ Compensation Commission; RankoOliver, Associate Professor of Law at theUniversity of Arkansas at Little Rock; andProfessor Morell (Gene) Mullins, author of theManual for Administrative Law Judges on theNAALJ website. The NAALJ sent theHonorable Willie C. Thompson, Jr.,Administrative Law Judge, VirginiaEmployment Commission, AdministrativeLaw Division, Office of Commission Appeals,as a representative. Judge Thompson broughtinformation about NAALJ and helped get ourassociation started.

In December 2002 we began meetingmonthly and in March 2003 the ArkansasAssociation of Administrative Adjudicators(ArkAAA) was incorporated. We now havesixteen members and are actively recruitingnew members. We are planning our fallconference and annual meeting for November19-21, 2003. We are expanding theconference to 12 sessions over a two-dayperiod. We would appreciate any suggestionsfrom other state affiliates about speakers forour conference or any tips on programs fortraining for administrative adjudicators andparticipants. ArkAAA is participating in theLexisNexis Challenge Grant and will besending a representative to the NAALJ annualconference in October 2003 in Orlando,Florida.

COMMITTEE REPORTSNAALJ ADR COMMITTEE

CHANGES TO SERVE YOUBETTER!

Lynda Lee Moser (GA)

As you might recall from the annualconference in Austin, NAALJ split its ADRcommittee into a training committee and, whatelse (!), but a non-training committee. Withthe split, Beverly Nash agreed to chair the non-training committee, and Marshall Snideragreed to chair the training committee. Thetraining committee helped score a big successfor NAALJ with the 2003 Mediation Trainingfor ALJs at the National Judicial College. (Seeseparate article, “NAALJ Scores AnotherSuccess”) Meanwhile, the non-trainingcommittee is working slowly but steadily toclarify its role with the split.

After the annual conference inLexington, Lynda Moser agreed to chair thenon-training committee. Its members are:Phyllis Carter (WV); Elizabeth Crum (PA);Susan Durant (KY); Ann Breen-Greco (IL);Noreen Lynch (MD); Lynda McDaniel (TN);David Marcus (OR); Judith “Jody” Plymyer(MD); and Robert Sharkey (DC). Thisdynamic group will not have an opportunity tomeet personally until the annual conference inOrlando. It has been working by email tomake preliminary inroads to clarify its role.

First, to better differentiate its role fromthe training committee, the non-trainingcommittee voted to change its name to theADR Resource Committee. Much better,don’t you think! And second, to better comportwith what the committee now offers NAALJ,the ADR Resource Committee also voted toamend its mission statement as follows: “Topromote the role of ADR in the administrativelaw forum by offering resource support to theADR Training Committee and acting as liaisonto the NAALJ Education Committee; tofurther promote the role of ADR in theadministrative forum by acting as a resource toprovide ADR materials and information toALJs individually and to central panelsgenerally.”

In conjunction with its new missionstatement, the ADR Resource Committee hasagreed upon three goals for itself:

1) establish an ADR resource subsite on theNAALJ website that includes thefollowing: a bibliography of ADR-related publications; posting of new caselaw impacting ADR; ethics updates andgeneral trends in ADR; and a resourcedirector for central panels wanting toimplement ADR units;

2) conduct a utilization survey to identifyhow ADR is presently formally structuredin the central panel states and the NAALJaffiliate states; and

3) participate in the annual conference inFlorida by having a formal committeemeeting and host a resource table andone-hour breakout sessions.

The ADR Resource Committee willindeed, have a resource table at the annualconference in Orlando. We’ll be sharing atable with the subcommittee on Law SchoolOutreach. And the ADR Training Committeewill try to include a presence at the table if theNational Judicial College has flyers printed bythen about the 2004 Mediation Training forALJs. The ADR Resource Committee expectsthe materials compiled for the resource table tobecome the first sources of information forposting to a sub-site on the NAALJ website.

NAALJ is offering an ADR breakoutsession at the conference in Orlando onMonday, October 13, 2003 from 1:30 to 3:00PM. The annual conference committee hasappointed the Florida Conflict ResolutionConsortium to head the breakout session. TheADR Resource Committee is working withBob Jones from the Consortium to help withthis session. Preliminary talks with himpromise an interesting session.

The ADR Resource Committee willfurther define its goals at a committee meetingduring the annual conference in Orlando.Lynda has agreed to continue chairing theCommittee under incoming NAALJ PresidentChris Graham. She hopes the other membersof the Committee will also agree to continue.Many thanks to them for their hard work andfor their enthusiasm for ADR in administrativelaw!

TECHNOLOGYCOMMITTEE

A. Michael Nolan. (MD)

Our Committee has been involved with thefollowing activities:

NAALJ HOMEPAGE

I The URL (Uniform Resource Locatoraka: web page address) of the NAALJ hasbeen changed to http://www.NAALJ.org,an address fitting the purposes of thisorganization. Anyone with ideasregarding items for inclusion on the page,or information to be included thereonshould forward same to the committee c/omnolan@oah.state.md.us.

II The page is updated continuously, on atleast a monthly basis. We mayexperiment this year with providing dailyupdates to the web-page directly frommid-year meeting. This was not generallyannounced, as it is, at this time, serving asa feasibility study to consider potentialcomplications. If it succeeds, the concept

will be further developed and announcedfor the annual meeting in Orlando.

III A significant improvement of the web-page is the recent addition of “TheCorkBoard” which serves as an electronicmeeting place for individuals who haveinformation they wish disseminated to themembership which cannot wait for thenext issue of the newsletter. TheCorkBoard has served to inform themembership of local affiliate functions,programs, and conferences, and alsoincludes announcements regarding recentsignificant happenings in the lives of themembers. The CorkBoard also serves as amedia for information requests from themembership. The CorkBoard is updatedon the first of every month. Informationcan be sent to mnolan@oah.state.md.us

IV. We plan to offer web-space any of theNAALJ committees, as well as to thestate affiliate chapters on the same serverwhere the NAALJ page is maintained. Asan experiment, we recently have movedthe Maryland and DC Association page tothe NAALJ page. This has beensuccessful, and we hope more affiliateswill consider inclusion.

E-MAIL PROJECT

With the advent of the electronicnewsletter and other needs for communicationwith the membership, the accuracy andcompleteness of the NAALJ e-mail mailinglist has become paramount among thiscommittee’s concerns. Through the intenseefforts of Committee co-chair Bob Layton andLaura Bierman, we have developed a workinge-mail notification system. In our last mailing,however, we had 64 e-mail addresses whichwere “bouncebacks” due to a variety ofreasons. The committee has receivedauthorization to purchase a telephone “callingcard”. With this card, we anticipate being ableto contact the members whose addresses haveproven incorrect and make corrections,deletions as necessary. This will be time-consuming, but should resolve much of theproblem. In this issue of the NAALJ News, theCommittee is asking the membership to adviseus of any members who are not receiving thee-mailings, and of their e-mail address so theycan be added to the list. In addition, asmembers pay their dues for the 2003 –2004membership year, we will receive manyupdates and additions. Laura has been incontact with the committee members, andprovided updates as she receives them.

LISTSERVER

The NAALJ listserver is active, with 71members as of this writing. It is infrequentlyused, however, and we plan to advertise itsexistence and the potential for usefulness in

the upcoming newsletter. The most recentpostings led to the collection of surveys usedby the various states to assist in developmentof similar surveys by one of the member’sagency.

This is a discussion mailing list which isopen to all members of the NationalAssociation of Administrative Law Judges,and also to non-members who are involved asdecision makers or fact finders in matters ofadministrative adjudication at all levels ofgovernment. The list also welcomessubscribers who are involved in legalacademia. Subscription information can befound at http://www.yahoo.groups/NAALJ.

REPORT OF THE BYLAWS,PROCEDURES AND RESOLUTIONS

COMMITTEELois Oakley( GA)

The NAALJ Board of Governorsconsidered several proposals from the Bylaws,Procedures and Resolutions Committee at itsMid-Year meeting. Several proposals wereapproved by the Board for submission at theMembership Meeting held during the annualmeeting and conference in Orlando, Florida,scheduled for 3:15 p.m., Monday, October 13,2003. These proposals include a substantiveresolution in support of the proposed IllinoisCentral Panel and an amendment to Article Xof the Bylaws regarding Proposal and Noticeof Amendments.

Each NAALJ member will receivenotification of these proposals by mail.

SUBSTANTIVE RESOLUTION

The substantive resolution in support ofthe proposed Illinois Central Panel is asfollows:

Whereas, the Illinois House ofRepresentatives, by unanimous vote inMarch, 2003, authorized the establishmentof a central panel tribunal for the State ofIllinois; and

Whereas, the Senate of the State ofIllinois is deliberating the legislationauthorizing the establishment of a centralpanel tribunal for the State of Illinois;

NOW THEREFORE, BE ITRESOLVED THAT the NationalAssociation of Administrative Law Judgesendorses the establishment of a centralpanel tribunal for the State of Illinois.

PROPOSED AMENDMENT

The proposed amendment to Article X,Section 1(a) and (b) of the Association Bylawswould provide requirements for: (1) proposingadoption of a substantive resolution; (2)allowing an affiliate to propose an amendmentor substantive resolution; and (3) givingmember notification of proposed substantive

resolutions and amendments by e-mail. Theproposed amendment would alter the languageof Article X, Section 1 (a) and (b) of theBylaws as indicated in the following:

Article XAmendments and Substantive Resolutions

SECTION 1. PROPOSAL AND NOTICE

(a) An amendment to the Constitution andBylaws of this Association or asubstantive resolution of this Associationmay be proposed by:

1. Obtaining the signature to apetition of fifteen active membersin good standing for anamendment; or five activemembers in good standing for asubstantive resolution, or

2. Motion of the Board of Governors,or

3. A majority vote of active membersvoting at any regular or specialmeeting, or

4. An affiliate of this Association.

(b) Proposals to amend the Constitution andBylaws or to adopt a substantiveresolution shall be submitted by theBoard of Governors to the membershipin writing via publication of theAssociation’s electronic newsletter forratification but not later than 30 daysbefore the start of the Annual Meeting.Notification via the Association’snewsletter shall not constitutenotification ot those members who havemade an affirmative request of theAssociation for receipt of suchnotification via alternative means. Atwo-thirds majority of active membersshall be required for ratification in theevent of a mail ballot. A majority of theactive members voting at an annualmembership or special meeting shall berequired for ratification.

The Committee will chair a “ResolutionsRoundtable” prior to the annual membershipmeeting. Please plan to attend this opendiscussion for the purpose of contributing yoursuggestions about the Illinois Central Panelresolution, the proposed amendment to theAssociation Bylaws, and any other proposalsfor the Committee’s consideration.

COMPLEXLITIGATION

By Dennis Moss (WA),Chair, Complex Litigation Committee

Recent communications among thecommittee members show a strong interest incontinuing our committee’s historic practice ofpreparing a mock hearing program forpresentation at the NAALJ annual meeting in

Orlando. Unfortunately, budget constraints inseveral member States are such that it appearsthat attendance by committee members at theannual meeting will be very limited. So far,only one member can firmly commit to attendand participate in a presentation. Our usualpresentation format requires five presenters.Accordingly, our plans vis-à-vis the annualmeeting remain tentative at this time.

The committee will continue to work onpreparing materials for presentation in thehope that a sufficient number of presenters cancommit to participate in time to be included inthe October program. If we are unable tomuster the number required for Orlando,, wewill plan to use the materials in a future year.

NAALJ MEDIATIONSUBCOMMITTEE REPORT

Marshall Snider, (CO)

The fifth Mediation for AdministrativeLaw Judges 40-hour training course wasconducted on March 30 to April 4, 2003 inReno, Nevada. This year, for the first time, theNational Judicial College (“NJC”) was a co-sponsor of the course , along with NAALJ andNCALJ. NJC provided considerableadministrative and logistical support to thefaculty, both before and during the course.This support was very helpful and greatlyappreciated. Fourteen ALJ’s, hearing officers,and other administrative adjudicators took partin the training. These participants came fromnine States, the District of Columbia, and theNorthern Mariana Islands.

From all accounts the training was wellreceived. The faculty consisted of BertHarberson from the Council of StateGovernments in Lexington, KY;Administrative Law Judges Nancy Lynch fromthe State Office of Administrative Hearings inAustin, TX.; Minnesota Public UtilitiesCommissioner (and former ALJ) Phyllis Reha;and Chief ALJ Marshall Snider from theColorado Division of Administrative Hearings.

In earlier presentations of the program,the faculty was unable to meet in person forplanning purposes until immediately before theprogram started. This year, the NJC sponsoreda Faculty Retreat in January, at which thefaculty was able to spend 2 full days planningthis training. In addition, NJC providedtraining to the faculty in teachingmethodologies and preparing materials.Although the absence of these resources didnot affect the overall quality of past courses,the availability of the faculty retreat andtraining this year resulted in a more organizedand coherent effort than in the past.

We have previously agreed that for someperiod of time future programs will be heldaway from the NJC Reno site, but with thesame cooperative arrangement with thecollege. NJC president Bill Dressel agrees withthis approach. We suggest that NAALJ andNJC identify central panels or other agenciesin a state or region that would commit tosending ten or fifteen people to the training.

From this core, along with earlier and moreaggressive promotion, it should be possible torecruit a larger class. NAALJ should also lookat conducting the training in areas of thecountry in which this program has not yet beenoffered (the faculty suggests Hawaii).

EDUCATIONCOMMITTEE

byDavid Marcus, Chair

The Education Committee initially developeda mission statement, which has been adoptedas follows:

1. To serve as a resource in thedevelopment of NAALJ mid-year seminars and annualconferences, including siteselection and coordination ofco-sponsorships;

2. To develop and promote neweducational programs for ALJs,including collaborating withNJC, and including computer-based training and preparationof training packages for use atthe local level, that benefit andeducate the administrativejudiciary on issues of timelyimportance to both state andfederal ALJs;

3. To develop and recommendoutreach initiatives in the publiceducational system (at themiddle school and high schoollevel) aimed at integratingeducation about theadministrative justice systeminto our public educationsystem;

4. To develop and recommendoutreach initiatives to lawschools, aimed at promoting thestudy of administrative law,including issues of stateadministrative law; develop atleast one demonstration projectwithin the coming year;

5. To develop and recommendpublic education initiatives, tobe carried out by theAssociation or by its affiliates,aimed at improving publicunderstanding and acceptanceof, and confidence in, theadministrative judiciary.

To establish and achieve short-term objectivesand to develop long-term goals, the EducationCommittee has been structured into foursubcommittees, with membership andactivities to date as described below:

SUBCOMMITTEE ONCONFERENCES

& SEMINARS

The focus of this subcommittee is toprovide assistance and support, as requested,to the planners and organizers of conferencesand seminars sponsored or co-sponsored byNAALJ (principally the mid-year conferencewith NCALJ and the annual conference). Wehave coordinated with Ann Breen-Greco andresponded to requests as they were made inplanning and coordinating the 2003 Mid-yearconference.

Contact has also been made with ErrolPowell as principal coordinator of the AnnualConference, and the subcommittee is availableto provide any requested assistance with thedevelopment of the program, or with handlingsome details to help assure its success.

SUBCOMMITTEE ON ALJTRAINING INITIATIVES,

This subcommittee has the mostsignificant charge in the Education Committee,and has been communicating to develop astatement of goals and objectives, which willnecessarily be long-term and involvecoordination with other internal NAALJcommittees as well as other institutions andorganizations. The statement of goals andobjectives for the subcommittee is as follows:

1) Establish criteria (courses andcontent) for the education/training of the new ALJ andfor the continuing education ofthe seasoned ALJ:a) Cooperate with academic research

projects (such as the ProposedState Administrative AdjudicationResearch and DocumentationProject at the LBJ School ofPublic Affairs, under the jointsponsorship of NCALJ, NAALJand NJC).

b) Partner with one or more lawschools in developing coursecontent for a continuing educationprogram (such as the recentWillamette University College ofLaw / the Oregon Association ofAdministrative Law Judgesprogram).

2) Develop a model to meet these criteria:a) Identify and publicize

programs/materials offered by NJC,law schools, NAALJ, NCALJ, andothers, including online programs,such as those offered by the ABA,West Legal Ed Center, etc. inconnection with the criteria.

b) Suggest/develop relevant NAALJprograms to be taped in connectionwith the criteria.

c) Develop materials for "in-house"training/continuing educationby NAALJ affiliates and centralpanels.

3) Consider certification programs forALJs and ALJ trainers.

The subcommittee anticipates that several ofits members will be attending the annualmeeting, and plans to utilize the opportunityfor in-person discussions to establish specificachievable objectives for this year.

SUBCOMMITTEE ONPUBLIC EDUCATION

This subcommittee is exploring ways todevelop outreach programs to introduceadministrative law processes at the middle andhigh school level, which is a primary focusthis year. The subcommittee will also exploreworkable ways to approach public educationgenerally, in order to promote publicunderstanding of and respect for theadministrative justice system. The committeewill further explore what successful efforts arealready occurring or have occurred, in order tomake recommendations for affiliate activitiesand/or national level outreach programs. Forinstance, the Maryland-D.C. affiliate isworking on an essay contest for high schoolstudents, and Chair McNeill will be obtainingmore information from Judge Errol Powellregarding his outreach efforts with the public

schools in Florida.

SUBCOMMITTEE ONLAW SCHOOL OUTREACH

The objective of this subcommittee is toincrease the amount of attention administrativelaw (especially state administrative law)receives in our law schools. The Committeerequests that anyone who has experience withoutreach to law students should contact JodyPlymyer at jplymyer@oah.state.md.us. The planat this time is to gather information fromNAALJ affiliates and state central hearingoffices to find out what efforts are currentlybeing made, and to compile that informationinto a report to publicize and promote suchefforts, along with a guide andrecommendations for affiliate organizations todevelop specific outreach programs with lawschools in their state. For instance, theMaryland-D.C. affiliate has recently receivedan award for its student outreach program withthe University of Baltimore School of Lawand the Administrative Law Section Councilof the Maryland State Bar Association. Thisprogram, with additional input, will serve as amodel for the guide to be made available toNAALJ affiliates. In addition, efforts areunderway to develop an Administrative LawDay at the Willamette University College ofLaw in Oregon during the Fall term.

P R O G R A M E V E N T S

"BU I L D I N G A BE T T E R AD M I N I S T R A T I V E PR O C E S S"

FRIDAY, OCTOBER 10, 2003

5:00 - 9:00 PMNAALJ BOARD MEETING

SATURDAY, OCTOBER 11, 2003

9:00 AMWALT DISNEY WORLD

GOLF OUTING

SHOPPING SPREE

*PLEASE SEE NAALJ AND DOAH WEBSITES

FOR EVENT REGISTRATION INFORMATION.**HOTEL WEBSITE CONTAINS LINKS TO AREA

ATTRACTIONS.5:00 - 7:00 PM

REGISTRATION OPEN

5:30 - 7:30 PMCOMMITTEE MEETINGS

9:00 - 11:00 PMHOSPITALITY SUITE

SUNDAY, OCTOBER 12, 2003

9:00 AMREGISTRATION OPEN

COMMITTEE MEETINGS

1:00 - 1:30 PMWELCOME; OPENING REMARKS

& ANNOUNCEMENTS

NAALJ'S PRESIDENT; DOAH'SINTERIM CHIEF JUDGE;PRESIDENT, NATIONAL JUDICIAL

COLLEGE

1:30 - 2:30 PMTHE CHANGING ROLE OF AN

ADMINISTRATIVE LAW JUDGE

BILL DRESSEL, PRESIDENT

NATIONAL JUDICIAL COLLEGE

2:30 - 3:30 PMMODERN TECHNOLOGY FOR

ADMINISTRATIVE

ADJUDICATION

SUSAN BROWN

M.I.S. DIRECTOR, FLORIDA

DIVISION OF ADMINISTRATIVE

HEARINGS

TUESDAY, OCTOBER 14, 2003

8:00 AMREGISTRATION OPEN

8:30 - 8:45 AMWELCOME; OPENING REMARKS

& ANNOUNCEMENTS

8:45 - 10:45 AMPROFESSIONALISM

BLAN TEAGLE

THE FLORIDA BAR

10:45 - 11:00 AMBREAK

11:00 - 11:55 AMA COMPARATIVE HISTORY OF

FLORIDA'S APA

HONORABLE ARTHUR ENGLAND,FORMER FLORIDA SUPREME COURT

JUSTICE

12:00 - 1:30 PMLUNCH - ON YOUR OWN

AFFILIATE LUNCH

12:00 - 1:30 PMLUNCH - ON YOUR OWN

1:30 - 3:00 PMRESOLUTION ROUNDTABLE

HONORABLE LOIS OAKLEY, CHIEF

JUDGE, GEORGIA OFFICE OF STATE

ADMINISTRATIVE HEARINGS;HONORABLE JULIAN MANN, CHIEF

JUDGE, NORTH CAROLINA OFFICE

OF ADMINISTRATIVE HEARINGS

ALTERNATIVE DISPUTE

RESOLUTION

FLORIDA CONFLICT RESOLUTION

CONSORTIUM

3:00 - 3:15 PMBREAK

3:15 - 5:00 PMNAALJ MEMBERSHIP MEETING

8:00 - 11:00 PM"NO TALENT SHOW"

3:30 - 4:30 PMCENTRAL PANEL REPORT

TOM DEWBERRY, CHIEF JUDGE,MARYLAND OFFICE OF

ADMINISTRATIVE HEARINGS

5:30 - 9:00 PMSUNDAY EVENING RECEPTION

& BUFFET

9:00 - 11:00 PMHOSPITALITY SUITE

MONDAY, OCTOBER 13, 2003

8:00 AMREGISTRATION OPEN

8:30 - 9:00 AMWELCOME; OPENING REMARKS

& ANNOUNCEMENTS

9:00 - 10:45 AMROUNDTABLE ON COMPLEX

ADJUDICATION &

CONTROLLING OUT OF

CONTROL LITIGANTS AND/OR

ATTORNEYS AND/OR

REPRESENTATIVES

HONORABLE EMERSON

THOMPSON, CHIEF JUDGE,FLORIDA'S FIFTH DISTRICT

COURT OF APPEAL; HONORABLE

NIKKI CLARK, CIRCUIT JUDGE,FLORIDA'S SECOND JUDICIAL

CIRCUIT;HONORABLE MICHAEL PARRISH,ALJ, FLORIDA DIVISION OF

ADMINISTRATIVE HEARINGS;HONORABLE LAWRENCE

JOHNSTON, ALJ, FLORIDA

DIVISION OF ADMINISTRATIVE

HEARINGS

10:45 - 11:00 AMBREAK

11:00 - 11:55 AMEVIDENCE UPDATE

PROFESSOR CHARLES

EHRHARDT, FLORIDA STATE

UNIVERSITY COLLEGE OF LAW

1:30 - 3:15 PMDEVELOPMENTS IN STATE AND

FEDERAL ADMINISTRATIVE

LAW

PROFESSOR GREGORY OGDEN

PEPPERDINE UNIVERSITY,SCHOOL OF LAW; SCOTT BOYD,ESQUIRE, JOINT

ADMINISTRATIVE PROCEDURES

COMMITTEE, THE FLORIDA

LEGISLATURE

3:15 - 3:30 PMBREAK

3:30 - 4:10 PMTECHNOLOGY TIPS

LEXIS-NEXIS REPRESENTATIVE

4:10 - 4:50 PMTECHNOLOGY TIPS

WEST GROUP REPRESENTATIVE

6:15 -7:00 PMCOCKTAIL HOUR

CASH BAR

7:00 - 8:30 PMBANQUET

FLORIDA'S CHIEF JUSTICE HARRY

ANSTEAD

INSTALLATION OF NAALJ

OFFICERS, SPECIAL

RECOGNITIONS, & AWARDS

9:00 - 11:00 PMHOSPITALITY SUITE

THE CONFERENCE HOTEL

The Gaylord Palms Resort and Convention Center, the conference hotel, is a newresort located within minutes of hundreds of fantastic attractions for all ages. The GaylordPalms is located at 6000 W. Osceola Parkway, Kissimmee, Florida. For more informationabout the hotel and its amenities, please log ontowww.gaylordhotels.com/gaylordpalms.

The Conference rate at the Gaylord Palms is as follows:

$129.00 single/double; $20.00 for each additional person over 18 years of age; 12% tax;and $10.00 resort fee, per room, per night (resort fee includes complimentarytransportation to Walt Disney World; high speed internet access; unlimited use of thefitness center; once a day coffee, orange juice, and bottled water; daily newspaper; and first20 minutes complimentary for 800 & local calls and credit card access calls). TheConference rate is available 3 days prior to and following the Conference dates.

Make your reservations today by calling 407-586-2000 and indicating that you areregistering for the NAALJ 2003 Annual Meeting and Conference. To receive theConference rate, reservations must be made no later than September 10, 2003.Reservations must be accompanied by a last night's deposit, plus tax, or guaranteed by amajor credit card.

WEDNESDAY, OCTOBER 15, 20038:00 AM

REGISTRATION OPEN

8:30 - 8:45 AMWELCOMING REMARKS

NAALJ PRESIDENT

8:45 - 9:45 AMCOMPARISON OF STATE &

FEDERAL RULEMAKING

CATHY SELLERS, ESQUIRE,MOYLE, FLANIGAN & KATZ;PROFESSOR MARK SEIDENFELD,FLORIDA STATE UNIVERSITY,COLLEGE OF LAW

SPECIAL EDUCATION DECISION

MAKING

HONORABLE JULIAN MANN, CHIEF

JUDGE, NORTH CAROLINA OFFICE

OF ADMINISTRATIVE HEARINGS

9:45 - 10:45 AMASSURING QUALITY ALJ SERVICES

IN THE FACE OF STATE BUDGET

CUTS

HONORABLE KEN NICKOLAI, CHIEF

JUDGE, MINNESOTA OFFICE OF

ADMINISTRATIVE HEARINGS;HONORABLE LOIS OAKLEY, CHIEF

JUDGE, GEORGIA OFFICE OF

STATE ADMINISTRATIVE

HEARINGS; HONORABLE SCOTT

STEPHENS, INTERIM CHIEF JUDGE,FLORIDA DIVISION OF

ADMINISTRATIVE HEARINGS;HONORABLE TOM STOVALL,ASSISTANT DIRECTOR,ADMINISTRATIVE PROCEDURES

DIVISION, TENNESSEE SECRETARY

OF STATE

10:45 - 11:00 AMBREAK

DISCOUNT AIRFAREDelta is offering special rates which willallow you a 5% discount off publishedfares within the continental U.S. You oryour travel agent must call the MeetingNetwork at 800-241-6760, weekdays 8:00a.m. - 11:00 p.m. eastern time, andreference Delta File No. 195285A.

GROUND TRANSPORTATIONTaxiMears Transportation (most economicalof the two)Rental Car: Avis is offering special ratesfor our Convention, even if you wish todrive from your home state. Call Avis at800-331-1600 and reference AvisWorldwide Discount (AWD) No.DO86176.

For further information about the 2003 NAALJ conference, visit the NAALJ websiteat www.naalj.org; us at our website: www.doah.state.fl.us; or contact:

Lawana Douglass at 850-488-9675 ext. 244 or Lawana_Douglass@doah.state.fl.usfor Judge Errol Powell

11:00 - 12:00 NOON

ETHICS FOR ADMINISTRATIVE

LAW JUDGES

HONORABLE CHARLES J. KAHN,JR., JUDGE, FLORIDA'S FIRST

DISTRICT COURT OF APPEAL

12:00 NOON

CONFERENCE ADJOURNS

12:15 - 4:00 PMNAALJ BOARD MEETING

REGISTRATION FORM 2003 NAALJ ANNUAL MEETING AND CONFERENCE

(Please type or print clearly. Register one person per form. This form may be photocopied.)

Name: ___________________________________________ Title: ___________________________________

Name of Organization: ____________________________________________________________________________

Address: _____________________________________________________________________________________

City: _______________________________________ State: ____________ Zip: ________________

Telephone: (_____)_____________ Fax: (_____)______________ Email: ___________________________

In case of an emergency, contact:Name: _______________________________________________________________________________________Daytime Telephone: (_____)_____________________ Evening Telephone: (_____)_________________________

Registration Fees

Member Non-memberEarly (Postmarked by August 31, 2003) _____ $300 (code 100 ) _____ $350 (code 101)Regular (After August 31, 2003) _____ $350 (code 200) _____ $400 (code 201)

We also offer a pro-rated daily registration option. The rates are: Sunday, October 12, 2003--$75; Monday, October 13,2003--$125; Tuesday, October 14, 2003--$125; Wednesday, October 15, 2003--$75. Be sure to clearly note the date you wishto attend on your registration form.

Guest Meals

Reception # Tickets _____ $35.00 (code 400) Banquet # Tickets _____ $40.00 (code 501)Registration fee includes reception, banquet, and program materials. Costs of special events are not included in the registration fee.

Registration Total $__________ Guest Ticket Total $__________ Total Amount Due $__________

Method of Payment

Return completed form and payment to:

The Florida Bar, ATTN: Ricky Libbert651 East Jefferson Street

Tallahassee, Florida 32399-2300

Faxed Registration MUST be paid by credit card. FAX NUMBER: (850)561-5612Please check one:

Check Enclosed (check #)_______ (Made payable to THE FLORIDA BAR/NAALJ)

Credit Card (check one)

o MasterCard

o Visa

Card No. __________________________________________ Expiration Date ________/________

Name on Card (Please Print) ______________________________________________________________

Signature (credit card registrants only)

X________________________________________________________________________________________

CANCELLATION POLICY: FULL REFUND IF CANCELLATION IS RECEIVED BY SEPTEMBER 10, 2003. IF RECEIVED AFTERSEPTEMBER 10TH, BUT BEFORE SEPTEMBER 30, 2003, 50% REFUND, WITH CONFERENCE MATERIALS PROVIDED. AFTER

SEPTEMBER 30, 2003, NO REFUND, BUT SUBSTITUTION OF AN ATTENDEE IS PERMITTED.

ABOUT THE NATIONALASSOCIATION OF

ADMINISTRATIVE LAW JUDGESEducation of Administrative Law Judges

is a fundamental part of the mission ofNAALJ. The educational programs it sponsorsare not only top quality but are also uniquebecause they provide training specificallyaimed at the needs of ALJs in contrast to otherstate and national programs that focus on theneeds of all types of judges or practicingattorneys. Thus, NAALJ educational programsare one of the few places an ALJ can obtaintraining aimed directly at his or her needsspecific needs.

MEMBERSHIP BENEFITS

Educational conferences are held eachfall in conjunction with NAALJ's annualmeeting, with discounted registration fees formembers. Recent conferences includedNAALJ's Silver Anniversary Conference(September, 1999, Asheville, NC) andAdministrative Law in the New Millennium:Challenges and Opportunities (October, 2000,Albany, NY), and Communication andTechnology: Challenges and Opportunities inAdministrative Law. (November, 2001,Austin, TX). The 2002 annual educationalconference will be held in October inLexington, Kentucky, and is titled "WhenWinning Isn't Everything - ResolvingDisputes With Justice for All".Mid-year educational seminars are held eachspring, (discounted registration fees formembers). Recent mid-year seminars focusedon the practical fundamentals of judging,mediation training, writing skills, andevidence.

The NAALJ Newsletter reports onboard, committee, and membership activities,and on administrative law developments.

The NAALJ Journal is published semi-annually by Pepperdine University School ofLaw. It is widely recognized as the finest andmost scholarly publication exclusivelyfocusing on developments affecting theadministrative judiciary.

NAALJ is a nonprofit organizationwhose officers and board of governors reflectracial and gender diversity and represent allsections of the country, all types ofjurisdictions, and both lawyers and non-lawyers. The officers and members of theboard also serve as trustees of the publicinterest arm of the organization, the NationalAdministrative Law Judges Foundation(NALJF).

NALJF sponsors an annual fellowshipcompetition for the best research paper on anissue of current interest. The fellowshiprecipient prepares an original article forpublication in the Journal and delivers an oralpresentation at the annual meeting. In additionto a $1,000 stipend, the fellowship recipientreceives an expense paid trip to the annual

meeting. The Foundation also providesscholarships to the National Judicial College.Many states have established state affiliates ofNAALJ, including but not limited to Alaska,Arkansas, Georgia, Illinois, Kentucky,Louisiana, Maryland & the District ofColumbia, New York, Oregon, Virginia,Michigan, and Texas. NAALJ membership feediscounts are available to members of anaffiliate. NAALJ also works closely with theNational Conference of Administrative LawJudges (NCALJ), part of the Judicial Divisionof the American Bar Association, and withother organizations that share its objective ofimproving the administrative justice system.

COMMITTEE STRUCTURE

A strong committee system forms thestructure of the organization. These are a fewof the issues being studied …

● Alternative dispute resolution in theadministrative law arena;

● Complex litigation issues inadministrative adjudication;

● Issues relating to women andminorities in the profession;

● Judicial ethics, judicialindependence, and judicialaccountability in an administrativelaw context;

● Special needs of non-lawyeradministrative law judges;

● Various issues relating to specializedareas of practice, includingenvironmental law, workers'compensation, professionallicensing, social services, and manymore.

NAALJ committee accomplishmentsinclude the completion of a broad survey ofstates on the compensation of stateadministrative adjudicators on a jurisdiction-by-jurisdiction basis, the drafting of a ModelAct for the Creation of a State CentralHearing Agency, and the drafting of Standardsfor the Training and Education ofAdministrative Law Judges, in conjunctionwith the ABA National Conference ofAdministrative Law Judiciary (NCALJ).

In addition to the above activities,NAALJ operates an e-mail listserver formembers to exchange informationelectronically. In addition, we are developingas complete a list as possible of e-mailaddresses to facilitate communication betweenthe Organization and the membership. NAALJalso sponsors a website at http://www.naalj.org

OFFICERS AND BOARD MEMBERS2002 – 2003

President:Janet L. Thompson (KY)

President Elect:Christopher Graham (MO)

Secretary:Donna (Susie) Bargo (KY)

Treasurer:Tyrone T. Butler (DC)

Board Members:

STEVE MIHALCHICK (MN)Michigan, Wisconsin, Minnesota, North Dakota,South Dakota, Iowa, Nebraska.

L. DAVID BRUNKE (TX)Texas,Oklahoma, Kansas, New Mexico, Colorado.

A. MICHAELNOLAN (MD)New York, Vermont, New Hampshire, Maine,Massachusetts, Rhode Island, Connecticut, NewJersey, Delaware, Maryland, District of Columbia.

LOIS OAKLEY (GA)Georgia, South Carolina, North Carolina, Virginia,Pennsylvania.

ERROL POWELL (FL)Florida, Alabama, Tennessee, Kentucky, WestVirginia, Ohio.

JACQUELYN WATTS (LA).Louisiana, Mississippi, Arkansas, Missouri, Illinois,Indiana.

DAVID MARCUS (OR)Wyoming, Montana, Idaho, Oregon, Washington,Alaska.

BILL DORSEY (CA)Arizona, Utah, California, Nevada, Hawaii

DO YOU KNOW OF ANYMEMBERS WHO ARE NOT

RECEIVING THISPUBLICATION VIA E-MAIL???

We are asking the membershipto advise us of any memberswho are not receiving the e-mailings, and of their e-mailaddress so they can be addedto our list. Send theinformation to:

Robert.Layton@mail.state.ky.usOr

mnolan@oah.state.md.us