ALJ L’Nayim Shuman-Austin Said The Darnedest Thing!
Ms. Shuman – Austin, in making a credibility determination, found that a respondent had a “strong an interest in in having an APS finding reversed” and thus was less credible than other witnesses. What ALJ Shuman-Austin appears to be saying is that respondents are never credible as they will always have a strong interest in having a finding reversed. If that is what she is saying, then no respondent will ever be found credible by the ALJ, or at least not more credible than her accusers. Surely, an interest in being found not guilty of abuse or neglect cannot rule out your credibility. Administrative hearings determine important rights and privileges. The respondent in question risked losing the business she spent many years developing. She deserved a fair hearing. All respondents deserve a fair hearing where there word carries the same weight as others, all things being equal. Respondents do deserve to be innocent until proven guilty.