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04/19/2024 05:31 AM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20130&cosponId=9755
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Senate Co-Sponsorship Memoranda

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Senate of Pennsylvania
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: December 3, 2012 12:09 PM
From: Senator Richard L. Alloway, II
To: All Senate members
Subject: Administrative Law Procedure and Office of Administrative Hearings
 
In the near future, I will be introducing legislation that will amend Title 2 (Administrative Law and Procedure) of the Pennsylvania Consolidated Statutes, extensively revising provisions on practice and procedure and judicial review of administrative adjudication; and establishing the Office of Administrative Hearings.

This legislation in addition to extensively revising Title 2 (Administrative Law and Procedure) would create a separate panel of administrative law judges with the executive branch in place of agency employee hearing officers. This legislation would create a separate agency within the executive branch that conducts virtually all formal hearings for Commonwealth agencies. A central hearing panel ALJ (Administrative Law Judge) would hear all "adjudications" of Commonwealth agencies and would replace all present agency hearing officers.

The implementation of this structure would insure imparity and fairness in adjudications and prevent command influence of Administrative Law Justices. Additionally the benefits include, substantial protections for the independence of Administrative Law Justice's and an appointment of a chief Administrative Law Justice who can monitor the performance of the Central Hearing Panel.

Currently, 26 states have implemented a Central Hearing Panel/Office of Administrative Hearings.

This legislation will be modeled after SB1605 of legislative year 2012.



Introduced as SB56