Innocence is not enough

There are many instances where regulatory departments erroneously charge people. Frequently licensees are charged with a wrong doing that occurred years ago. However, the investigators fail to check whether the statute has changed over the years. Or departments are so anxious to crack down on an employer that employees, who have done nothing, get caught up in the sweep.You would think that the checks and balances of the judicial process would weed those cases out. That answer belies a number of critical facts: Proving your innocence costs a lot of money and the statement of charges still follows you even if you are vindicated. The system is not set up for someone who is innocent. Departments are loath to give up on cases even when they are clearly wrong. So, a respondent has to prove their innocence, and that takes time and money. Also, you can never tell what an administrative law judge, many of whom have worked for the very departments that they now offer impartial hearings for, will decide.The solution is two-fold: the Attorney General’s Office needs to independently review cases rather than rubber stamp decisions. Second, there needs to be a truly independent office of administrative hearings that is well funded and can hire competent judges.