It Is Time To Reform How Administrative Hearings Are Conducted!
Recently, Judge Patricia Peterson complained because she felt that a supervisor within OIC was trying to influence her decisions in cases. That allegation belies the problem of the entire system. When agencies retain their own judges to hear cases that they bring against their licensees, any notion of an independent review is abandoned. One of the answers being proposed is that Departments should not be able to retain their own judges. Rather, all hearings would be presided over by the Office of Administrative Hearings. While the judges at OAH are not directly paid by the Department’s whose cases they adjudicate, their presiding over all regulatory action has other problems. Namely, judges at OAH are widely recognized to be unqualified and their decisions poor.Ms. Peterson’s allegations brought this second issue to light as well. The investigation into her complaint has also focused on the lack of qualifications and competency of many administrative law judges. Ms. Peterson herself is now being investigated for improper conduct. Unfortunately, it is well known that many administrative law judges are not well qualified to hold the position of judge.The twist in all of this is that she is being denied whistleblower protection because of the maneuverings of the Department. In other words, not even Judge Peterson could deal with OIC effectively without it turning on her and biting her. Isn’t it about time that we get rid of all of this incompetence, retaliation, and undue influence and have a real Article lll judge preside over administrative hearings? Call your local representative now to urge the Washington State Legislature to protect the valuable property rights you have in your professional license.