North Carolina was recently the site of a national conference that, it is hoped, will improve the managerial efficiency of Administrative Law Judge (ALJ) central panel operations across the country. The State Administrative Law Judges (ALJs) Central Panel Directors National Conference (CPDC) was hosted by Julian Mann, III, co-chair of the National Conference, as well as Director and Chief Judge of North Carolina’s own central panel, the Office of Administrative Hearings (OAH).
Issues common to central panels have either already arisen in North Carolina, or may yet arise here. Such issues may be appropriate for discussion by the Administrative Law Section as we look to the future of administrative law in North Carolina.
“Central panels are panels of [ALJs] who, instead of being attached to a single administrative agency, are assigned to a “central,” “independent” panel that supplies [ALJs] to conduct contested case hearings for a variety of agencies.” Hon. W. Michael Gillette, “ALJ Central Panels: How is it Going Out There?”, The NJC Experience (September 17, 2015), https://www.judges.org/alj-central-panels-how-is-it-going-out-there/. The alternative to a central panel is a system such as that of the federal government, in which ALJs are employees of the agencies whose cases they adjudicate.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2019-12-19 18:33:532020-01-03 10:25:39NC Hosts 2019 State Administrative Law Judge Central Panel Directors National Conference
By Ann B. Wall Members of the Administrative Law Section found the following recent third party articles to be interesting. Remember – if it says subscription required, check your legal research provider, as many of them include law reviews, journals and other publications. So, you may not subscribe directly to the publisher’s materials but may have access anyway through other means.
“The Future of Administrative Deference”, Andrew Hessick, 41 Campbell L. Rev. 421, Spring, 2019. Although written before the US Supreme Court ruled in the deference case before it last year, this article provides a useful overview of the issues and why they may matter to NC practitioners.
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By Ann B. Wall ALJ Augustus B. (Butch) Elkins II officially retired from the Office of Administrative Hearings on September 30, 2019. This article, based on an interview before his retirement, will offer answers to some interesting questions.
What kinds of legal experience did Judge Elkins have that qualified him to serve as an ALJ?
Judge Elkins’ legal career began in the military, where he served from 1979 to 2001, first in the U.S. Air Force, ultimately retiring as a Lieutenant Colonel from the Air Force Reserve. In the course of his military career, he handled a variety of administrative law related matters, including employment, environmental, health and mental health law, as well as serving as legal advisor on investigations. He gained extensive hearing officer experience while conducting Article 32 investigations and hearings, including ruling on motions and submitting findings and recommendations regarding possible courts martial.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2019-11-14 14:28:462019-11-14 14:29:39Looking Back, Learning from a Recently Retired Administrative Law Judge
Members of the Administrative Law Section found the following recent third party articles interesting:
Regarding contested case records retention: “Retaining Contested Cases“, Emily Sweitzer / June 25, 2019, Archives, NC Department of Natural and Cultural Resources . This post applies to any State-level agency, including occupational licensing boards, that works with the Office of Administrative Hearings to resolve contested cases.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2019-11-04 16:38:202019-11-04 16:46:20You may find these articles interesting – other Administrative Law Section members did.
By Christina Cress
Four NCBA Sections are combining their respective experience and subject matter expertise to bring you an informative CLE highlighting this session’s legislative updates.
The Administrative Law Section; Environment, Energy & Natural Resources Law Section; Government & Public Sector Section; and Juvenile Justice & Children’s Rights Section are teaming up to bring you a 6.0‑credit hour CLE beginning at 8:15 a.m. on Friday, November 8, titled “Riding the Waves of Change: 2019 Legislative Review.” Although it will be available by webcast and On Demand, we encourage you to attend live so that you can enjoy fellowship and networking during breakfast and lunch, both of which are include in your CLE registration.
The content-packed agenda features speakers who are both seasoned veterans on Jones Street and those who are relatively new to lobbying. The sessions are both broad enough to include tips for all lawyers and practice areas, but sufficiently tailored to provide a specific substantive update on the most salient legislative actions taken this session as well as a general refresher of legislative procedure 101! Come learn what the North Carolina General Assembly has (or has not) changed and the practical effects of those changes. Brush up on your legislative procedure knowledge and skills. Hear about the most debated and followed bills of the current legislative session.
Specific sessions include a Hot Topics Potpourri Panel moderated by Bain Jones, featuring panelists Jack Nichols, Reginald O’Rourke, and Robin L. Tatum. You also will hear from Karen Brinson Bell, Bob Joyce, Katelyn Love, and Bruce Thompson, II, during our Elections and Redistricting Updates. Meisha Evans and Nick Fountain will bring you Legislative Process 101. Dixon Snukals will take you on a deep dive into Environmental and Energy updates. And LaToya Powell will end the day with an update on Juvenile Justice Reform and Child Welfare Law.
There truly is something for everyone in this CLE – even if not in your specific practice area, then at least in your role as a citizen of the Old North State! We hope you will join us!
Dear Members of the Administrative Law Section, I am honored and excited to be serving as the Chair of the Administrative Law Section for the 2019-2020 bar year. The section’s leadership (listed here) is prepared for a productive year full of quality CLE, social activities, and learning opportunities to make your administrative law practice better.
We encourage you to make the most of your NCBA and Administrative Law Section membership and participate in the many activities we will have this year. Additionally, we invite you to become active with our many committees as you will gain invaluable experience and develop lifelong friendships; please sign up here or contact me or anyone in leadership about becoming a committee member.
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S.L. 2019-201 (S 230) NC Military and Veteran Act of 2019
North Carolina is home to the highest number of active and inactive military members in the entire Union. The legislature has taken steps to make sure that members of the military and veterans are not negatively influenced by their service to our country. The changes under the NC Military and Veteran Act may also help service members decide to stay in NC or help position NC to keep its bases when the next BRAC base closure commission acts. In August of 2019, the General Assembly enacted changes to numerous military and veteran related statutes. S.L. 2019-201 (S 230) is called the “NC Military and Veteran Act of 2019”. The statutory changes concern the State Board of Education, occupational licensing, social service investigations, as well as in-state tuition residency requirements.
Children of military members and providing for excused absences from school
Prior to the below additions to North Carolina General Statute 115C-379(b)(2), the State Board of Education was only authorized by the state legislature to adopt rules that excused absences of a temporary nature for a student with a physical or mental inability to attend school as well as circumstances whereby a student may be excused for nonattendance to do farm work or work at home. In an effort to ensure that children of military members do not receive unexcused absences because of a military member’s change in deployment status, part 1 of the Military and Veteran Act of 2019 directs the State Board of Education to enact rules providing for specified excused absences from school for children of members of the armed forces of the United States.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2019-10-03 16:33:302019-10-03 16:49:40S.L. 2019-201 (S 230) NC Military and Veteran Act of 2019
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2019-09-11 13:36:402019-09-11 13:36:40Items of Interest: African Hair Braiding, Notice and Sanctions, the Regulatory State
As the new NCBA year is underway, we invite you to submit articles for the Administrative Law Section Blog. Send proposed articles to this year’s Communications Committee Chair, Ann Wall, at [email protected]. And, please consider joining the committee.
Our readers may be new to the Section or to administrative law. Or they may be long-time and expert practitioners. In addition, our blog posts will be available to attorneys who are members of other sections of the NCBA. Read more
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The Administrative Law Section is joining forces with the Government & Public Sector, Juvenile Justice & Children’s Rights, and Environment, Energy & Natural Resources Law Sections to bring you a 6.0 credit hour CLE this fall, titled “Riding the Waves of Change: 2019 Legislative Review.”
The CLE will take place at the NC Bar Center in Cary from 8:15 a.m. to 4:30 p.m. on Friday, Nov. 8, 2019.
While it will be available by webcast and on-demand, we encourage you to attend live to enjoy the networking that is sure to occur during the breakfast and lunch, both of which will be provided.
The four co-planning Sections will combine their expertise to provide updates and answers regarding the 2019 legislative actions.
Learn what the North Carolina General Assembly has (or has not) changed and the practical effects of those changes. Brush up on your legislative procedure knowledge and skills. Hear about the most debated and followed bills of the current legislative session.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2019-08-20 11:26:152019-08-21 14:35:48Put It On Your Calendar Now: 'Riding the Waves of Change: 2019 Legislative Review'
By Ann B. Wall
By Christina Cress
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