Braddock Questions Administrative Law Judge System

By Marie Price The Journal Record | THE JOURNAL RECORD, October 29, 1999 | Go to article overview

Braddock Questions Administrative Law Judge System


Marie Price The Journal Record, THE JOURNAL RECORD


There is no uniformity in how administrative law judges are hired or appointed by state agencies, nor in their required qualifications or salary, says Rep. David B. Braddock, D-Altus.

Braddock told the Oklahoma House Administrative Rule Review Committee Thursday that some administrative law judges are required to be attorneys while some are not, and pay may range from an hourly rate of $20 or so to $70,000 per year. Some are employed via contracts, others hired directly by a state agency.

A staff analysis of administrative law judge contracts showed contract amounts ranging from $1,500 to $35,000 for the agencies concerned. Some individuals serve only as administrative law judges, others are hearing examiners and still others have additional duties. "Sometimes administrative law judges are paid by the agency," Braddock said. "It gives a person the sense that they are not being dealt with fairly."

In other situations, Braddock added, the administrative law judge can be in an uncomfortable spot. "The administrative law judge could be ruling against the person that signs his or her check."

Last session, Braddock and Sen. Brad Henry, D-Shawnee, introduced Senate Bill 803, which would have created an Administrative Hearings Panel to exercise the judicial authority of state boards, agencies and commissions. Its chief presiding officer would have been appointed by the governor for a six-year term, with the advice and consent of the Senate. The measure also provided for an administrator, administrative hearing officers and temporary administrative hearing officers. The panel would have had jurisdiction over cases and other matters assigned to it by law or administrative rule or referred by an administrative agency. Its decisions would be appealable to the Oklahoma Supreme Court.

Senate attorney Mark Ramsey said that when last session's bill was under consideration, research revealed that 16 states had adopted this type of system, with another three reviewing the idea.

The measure received a "report progress" motion from the House committee, which stalled it for the session.

On Thursday, Braddock said that Senate Bill 803 was just a starting point for discussion, but he believes something needs to be done to counter the perception of partiality on the part of administrative law judges.

"We certainly don't want to create a new agency," he said.

Braddock added that oversight of the judges could be placed under an existing agency or department. As for funding, he said he envisions transferring the funding currently spent on administrative law judges to the chosen agency, or the affected agencies could pay into a pool.

House Speaker Pro Tempore Emeritus Jim Glover, D-Elgin, said that Braddock's idea sounds more like some type of arbitrator rather than an administrative law judge. He questioned whether such an individual would have the agency-specific expertise required of administrative law judges.

Braddock said that he thinks the process could be designed so that the judges do have the necessary knowledge. In fact, he added, if current administrative law judges are qualified, they could be utilized under the new system.

"It's a question of impartial justice," he said.

Braddock told Rep. Forrest Claunch, R-Midwest City, he believes that with appropriate selection criteria the judges appointed by the independent agency could "come up to speed" even on the complex rules and regulations of entities such as the Oklahoma Tax Commission. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Braddock Questions Administrative Law Judge System
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.