Congratulations to Brittany Finkbeiner, Jodi-Ann Livingstone, and our section chair, Brian Newman, on their recent appointments to be Administrative Law Judges at the Division of Administrative Hearings!
Update on Changes to the Uniform Rules of Procedure
An ad hoc committee of the Administrative Law Section has been tasked with reviewing the Uniform Rules of Procedure and recommending appropriate changes.
The Committee solicited suggestions and developed a draft (dated September 18) that was distributed for comment. The Committee reviewed the comments and then prepared an updated draft dated November 4. An update on the Committee’s work was provided to the Section’s Executive Council in the Second Report of the Uniform Rules of Procedure Committee dated November 1, which may be viewed here.
Thereafter, the Committee solicited comments on whether to also include in the recommended changes a new Rule 28-106.112, Notice of agency final orders; standards; grounds to vacate and reissue agency final orders for lack of notice. Based on the comments received, the Committee has determined not to include these recommended changes and it has issued a new draft rule for comment, dated January 31, 2020, which may be reviewed here.
Please submit your written comments on this latest (January 31) draft by February 28, 2020, to Larry Sellers or any of the other members of the committee: Paul Drake, Seann Frazier, Shaw Stiller, Judge Yolonda Green, Judge Elizabeth McArthur, Judge Li Nelson, or Judge Dave Watkins. Larry’s e-mail address is: firstname.lastname@example.org.
The committee will review any new comments and determine whether to incorporate them in the changes recommended to the Section’s Executive Council. If the Executive Council approves any recommended changes, then these will be submitted to the Administration Commission, which has the exclusive authority to propose and adopt changes to the Uniform Rules of Procedure.
The Uniform Rules were last updated in 2013 based on recommendations from the Section. For a summary of these changes, see the April 2013 issue of the ALS newsletter. As in 2013, any amendments to the Uniform Rules will become effective only if formally proposed and adopted by the Administration Commission in accordance with the rulemaking process in the APA.