PROGRAM ON LAW & STATE GOVERNMENT FELLOWSHIP SYMPOSIUM MAXIMIZING JUDICIAL FAIRNESS & EFFICIENCY: October 1, :00 AM - 4:00 PM

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1 LUX ET VERITAS PROGRAM ON LAW & STATE GOVERNMENT FELLOWSHIP SYMPOSIUM MAXIMIZING JUDICIAL FAIRNESS & EFFICIENCY: Sould Indiana Consider Creating an Office of Administrative Hearings? October 1, :00 AM - 4:00 PM 6 ours of Indiana CLE credit

2 PROGRAM 8:00 8:40 Registration and Continental Breakfast 8:40 8:45 Welcome & Opening Remarks Cyntia Baker Director, Program on Law and State Government, Indiana University Scool of Law - Indianapolis 8:45 9:35 Morning Speaker Jon W. Hardwicke Executive Director, National Association of Administrative Law Judges; Former Cief Administrative Law Judge, Office of Administrative Hearings, Maryland 9:35 9:45 Break: Conour Atrium 9:45 10:05 Fellowsip Presentation: Te Landscape of Administrative Hearings in Indiana Julie Keen 10:05 10:55 Panel Perspectives 1: Creation and Maintenance of an Office of Administrative Hearings: State Perspectives Moderator: Julie Keen Panelists: Cristoper Graam President, National Association of Administrative Law Judges; Vice Cair, National Conference of te Administrative Law Judiciary of te ABA Judicial Division Julian Mann Cief Administrative Law Judge, Office of Administrative Hearings, Nort Carolina Lois F. Oakley Cief State Administrative Law Judge, Office of Administrative Hearings, Georgia Cristoper B. McNeil Professor of Law, Capital Law Scool; Administrative Hearing Examiner, Oio; Former Cair of te Administrative Law Committee of te Oio State Bar Association 10:55 11:10 Break: Conour Atrium 11:10 12:15 Discussion and Break Out Sessions: Panel 1 12:20 1:15 Lunc: Room :45 1:15 Lunceon Speaker: Central Panels and Judicial Review Justice Frank Sullivan, Jr. Indiana Supreme Court Recognizing tat judicial review is an integral component of administrative procedure, Justice Sullivan will reflect on weter a central office of administrative earings as implications for judicial review in particular and te constitutional distribution of powers among te brances of government in general. 1:15 1:20 Break: Conour Atrium

3 1:20 2:10 Panel Perspectives 2: Fairness, Funding and ALJ Finality Moderator: Brian Berg, Panelists: Tomas E. Ewing Cief Administrative Law Judge, Office of Administrative Hearings, Oregon Bruce H. Jonson Assistant Cief Administrative Law Judge, Office of Administrative Hearings, Minnesota James F. Flanagan Professor of Law, University of Sout Carolina. Edward F. Rodgers, II Director of te Commercial, Licensing and Regulatory Services Division, Bureau of Hearings, Micigan 2:10 2:25 Break: Conour Atrium 2:25 3:35 Discussion and Break Out Sessions: Panel 2 3:35 3:55 Fellowsip Presentation: Policy Coices for Restructuring Indiana s System of Administrative Hearings: Keeping te Status Quo or Moving toward a Central Panel? Brian Berg 3:55-4:00 Closing Remarks Cyntia Baker Director, Program on Law and State Government, Indiana University Scool of Law - Indianapolis Te Program on Law and State Government s Fellowsip Program By fostering study and researc of critical issues facing state governments, te Program on Law and State Government (PLSG) aims to enric and broaden te dialogue between state governments and te academic legal community. Students benefit troug participation in internsips, fellowsips and oter researc initiatives, wic in turn assist governments as tey confront te realities of te economy, te political pressures of representative democracy, and te canging landscape of federalism. Ultimately, te PLSG serves as a resource for lawyers and aspiring lawyers as tey strive to better understand te confluence of law and state governments. Te PLSG Fellowsips provide a unique opportunity for law students interested in contributing to te contemporary scolarsip of legal issues facing state governments. Awarded annually on a competitive basis, te fellowsips enable two students to work wit Director Cyntia Baker to explore an issue of te students coosing, to ost an academic event on tat topic, and to coautor an academic paper. Tis symposium, addressing administrative law and government design, presents te culmination of te ideas, researc, and work of te 2004 PLSG Fellows, Julie Keen and Brian Berg. Past fellowsip topics include: carter scool law, state regulation and funding of elections, and te internet s impact on state tax systems.

4 "[Americans] ave all a lively fait in te perfectibility of man; tey judge te diffusion of knowledge must necessarily be advantageous, te consequences of ignorance fatal; tey all consider society as a body in a state of improvement, umanity as a canging scene, in wic noting is, or ougt to be, permanent; tey admit tat wat appears to tem today to be good, may be superseded by someting better tomorrow." ~Alexis de Tocqueville, Democracy in America (1835, vol. I; 1840, vol. II) Tis sip Symposium seeks to enric and to broaden te dialog surrounding a critical function of state government: ow to best maximize judicial fairness and efficiency witin te administrative review process. Almost witout exception, Indiana s administrative agencies not only enforce teir own administrative rules but also employ te earing officers and administrative law judges wo adjudicate te disputes arising from suc final agency actions suc as te issuances of licenses, permit denials and enforcement actions stemming from alleged violations of law. Some states ave rejected tis model, claiming tat suc an arrangement creates inerent conflicts of interest for te earing officers and administrative law judges witin tose agencies. Several states ave adopted a new model removing te reviewing autority from te state agency s control and placing tem in a new, independent office. Tese independent agencies, typically called Offices of Administrative Hearings (OAH) or central panels, are carged wit adjudicating a wide variety of administrative disputes and, as suc, are distanced from te influence of te enforcing agency. Currently, twenty-seven states ave adopted some variation of te central panel wit ten of tose states redesigning teir respective administrative review structure since Wy did twenty-seven states adopt tis sift in ow administrative actions are reviewed? Wat ave tese states gained? Wat ave tey lost? Most importantly, wat can Indiana learn from teir experiences? Would Indiana benefit from creating its own OAH? Or, is Indiana s current administrative adjudicatory structure best serving te needs of Indiana s citizens? We invite your contribution to te continuing dialog of ideas about state government design wit your participation in te upcoming symposium. For more information about te Program on Law and State Government at te IU Scool of Law-Indianapolis, contact te program s director, Cyntia Baker at or cabaker@iupui.edu.

5 REGISTRATION Te registration fee of $185 ($155 for state government judges and attorneys) includes continental breakfast, written materials and lunc. Please complete te attaced registration form and mail wit a ceck made payable to te IU Scool of Law-Indianapolis. Te symposium will carry 6.0 ours of CLE credit. You must include your attorney number if you wis to receive Indiana CLE credit. If you seek CLE credit in anoter state, contact tat state s continuing legal education commission. Registrations sould be mailed to Lorra Scroeder, IU Scool of Law-Indianapolis, Program on Law and State Government, 530 West New York Street, Indianapolis, IN Registrations must be received by September 20t, Cancellations after Wednesday, September 22, 2004 will not be refunded. Scolarsips based on financial need may be made available. To apply, send a letter outlining academic or professional interest in te subject of Offices of Administrative Hearings and justifying your request for a scolarsip to te symposium to Lorra Scroeder, IU Scool of Law-Indianapolis, Program on Law and State Government, 530 West New York Street, Indianapolis, IN Requests for scolarsips must be received by September 15, If you ave questions regarding te scolarsips or te symposium, please contact Lorra Scroeder at or by at lfscroe@iupui.edu. Pay parking is available in te Sports Complex Garage at 875 W. New York Street. REGISTRATION FORM Name Firm Address City/State/Zip Pone Attorney # I request a vegetarian meal. Return completed form, wit ceck for $185 ($155 for state government judges and attorneys) made payable to te IU Scool of Law-Indianapolis Attn: Lorra Scroeder IU Scool of Law-Indianapolis Lawrence W. Inlow Hall, 530 West New York Street Indianapolis, IN 46202