The Office of Administrative Hearings (OAH) is an independent state agency made up of 74 administrative law judges (ALJs) who conduct impartial administrative hearings for Washington's citizens and governmental agencies. It is known as a "central-panel" ALJ agency.
In 1981, the Legislature created OAH to address two fundamental concerns in the state's administrative hearing process: 1) To improve the appearance of fairness issues caused by the adjudicator's employment by the agency responsible for the substantive decision in the dispute; and 2) To recognize the increasing complexity of agency procedural rules governing the hearing process. The result was passage of RCW Chapter 34.12, creating the Office of Administrative Hearings as an independent agency under the direction of a chief administrative law judge.
OAH has eight field offices in Everett, Olympia, Seattle, Spokane, Vancouver and Yakima. The caseload is vast. Last year, OAH handled more than 56,000 cases for 26 state agencies.
The greatest volume of cases are unemployment insurance cases for the Employment Security Department and public assistance and child support cases for the Department of Social and Health Services. A large number of hearings also are held for the Superintendent of Public Instruction, the Liquor Control Board and the Department of Licensing.
Under its legislative mandate, OAH provides due process to the citizens of Washington by providing a prompt and fair opportunity to be heard on disputed matters before state and local agencies. OAH strives to provide access to justice and to eliminate barriers to participation in administrative hearings.
OAH impacts the lives of thousands of residents each year who participate in administrative proceedings. For many, this is their first and only experience with the legal system. Pro se parties often mistrust or fear the hearing process. OAH provides a system through which pro se litigants can navigate easily and participate in a meaningful way. There are no filing fees or costs for a hearing. The rules of evidence are relaxed and OAH staff is readily available to respond to questions about the hearing process.
The mantra for administrative hearings is the prompt resolution of disputes. Appeals received by OAH are promptly set for hearing before an ALJ. The ALJ regulates the course of the hearing, ensuring that a full and complete record is made. This is important because of the large number of pro se parties.
During the hearing, the parties have the right to present witnesses, conduct cross-examination, offer rebuttal evidence and make closing argument. The ALJ plays an active role in the hearing, asking questions on direct and assisting in cross-examination. After the hearing record is closed, the ALJ issues a written decision containing findings of fact and conclusions of law.
On the Horizon
A new chief administrative law judge, Roosevelt Currie Jr., was appointed by Governor Gregoire in April. A former senior ALJ, Judge Currie plans to build on the agency's past successes and make OAH a model for other central panel states to emulate.
Recognizing that staff is the agency's most valuable asset and that without well-trained, professional and caring staff the agency mission could not be accomplished, Judge Currie will promote training and staff development. ALJs and staff look toward the future with eagerness and enthusiasm.
Implementation of the FIT Program: OAH is looking toward expanding the FIT (First in Touch) program in field offices. FIT began as a pilot project to handle questions about hearings in a clear, concise and accurate fashion. The pilot project was successful. While each field office currently has its own way of addressing these matters, a more uniform approach may be explored in the future.
Identifying Interpreter and Other Special Needs Cases: One goal of OAH is to identify and eliminate barriers to participation in hearings as early as possible. OAH often does not learn an interpreter is needed until after the hearing is scheduled. OAH will explore ways to identify when a language interpreter or other accommodation is needed prior to scheduling the hearing. OAH also plans to actively recruit bilingual staff in the future.
Technological Changes: OAH will improve technology to advance its system of providing access to justice. OAH will provide greater information about the hearing process and hearing preparation through a new and improved Web site.
Currently three independent database programs support the different OAH caseloads. The goal is to process the agency's work using a single database. OAH also is looking at changing the software used by the agency to be more in line with other agencies and is exploring digital recording to replace tape-recorded hearings. These technological changes will improve efficiency and productivity overall for the agency.
Performance Evaluations for ALJs: OAH has implemented performance evaluations for ALJs as a systematic and formal way of providing feedback to ALJs on their job performance. Performance evaluations also can be used as a basis for promotion, salary increases and disciplinary action. Most ALJs desire feedback on their performance and welcome the introduction of performance evaluations.
Performance Accountability: With implementation of Governor Gregoire's Government Management Accountabili-ty Performance program last year, OAH managers must account for performance and business practices in their work units. Managers will continue to explore new, innovative ways of doing business to increase efficiency and productivity.
Customer Satisfaction Surveys: OAH recently solicited input on the use of telephone hearings and received positive feedback from the public and agencies on their use and convenience. Telephone hearings have reduced travel costs, made scheduling easier and increased overall hearing efficiencies. OAH will continue to seek feedback on its performance from the public, agencies and stakeholders through annual customer satisfaction surveys.
Pro Tem Judges: OAH experiences episodic peaks in caseload. OAH has created a panel of pro tem judges to assist during peak caseload periods and is looking at expanding the list of pro tem ALJs in the future.
Alternative Dispute Resolution: OAH will explore the feasibility of offering alternative methods of dispute resolution, including the possibility of mediation and settlement conferences in certain disputed matters.
OAH is a little-known state agency that has broad impact on individuals, agencies and companies with appeals pending before the agency. OAH provides due process hearings before impartial ALJs with a high degree of sensitivity to providing access to the justice for both the represented and pro se. In the coming years, OAH will continue to seek ways to improve its services to become the premier central panel agency in the nation.
Stephanie Croom Williams is a Senior Administrative Law Judge with the Office of Administrative Hearings in Olympia.
