Valley Lawmaker Pushes for Separation of Powers

A major reform of the state's regulatory hearing process is underway via a bill sponsored by Rep. Scott Ogan (R) Palmer. Ogan calls his measure the separation of powers act. The measure would remove all in-house hearings from agencies and move them to an independent office within the Department of Administration. "People need to get fair and impartial hearings when they challenge government. To deliver that we need to have highly skilled, due process oriented hearing officers who are not connected to agencies," said Ogan.

The concept of independent hearing officers is not totally new in Alaska. The last legislature working with governor Knowles established a more autonomous administrative tax law judge. Ogan wants to expand the framework and cites separation of powers acts being adopted in at least 18 other states. A highly respected Chief Administrative Law Judge, Mr. Ed Felter from Colorado supplied Ogan with the language for his bill. "I have obtained the best model available. It was patterned after Maryland's central hearing adjudication system. They handle over 50,000 appeals annually with a budget of 2 million dollars. Here in Alaska we are spending over three times that amount on far fewer hearings," said Ogan.

The figures aren't all in for the total number of hearings in Alaska but Ogan expects the numbers to be at least 50% less than Maryland's 50,000. "Once we get a total number we can calculate average hearing costs. When queried about the costs involved with the new Division Ogan said he expects ".. a more efficient system which will not only bring government costs down but level the playing field for the private sector to produce more revenue."

The Colorado Chief Administrative Law Judge sent Ogan a report touting the high levels of success by separating adjudicatory from prosecutorial powers. Ogan has adopted that state's hearing office mission statement into the purpose and intent section of his bill. "To deliver high quality adjudication in a timely, cost efficient manner with respect for the dignity of the individual and their due process rights"... " this says it all ," said Ogan.