Juneau -- A constitutional amendment introduced by Rep. Scott Ogan (R-Palmer) will separate the administrative hearing officer functions away from the State bureaucracies that now employ them. A more economical independent hearing office headed by an administrative law judge, and confirmed by the legislature, would be established completely separate from other agencies and department heads.

"Our system is in the dark ages," said Ogan. "Alaskans are ruled by an antiquated system of hearing officers who work for the very agencies which promulgate the regulations. How can people expect fair due process when their quasi-judicial hearing officer answers to their commissioner's agenda?

The amendment is based on changes made in at least 24 other states to create fair, efficient, professional administrative hearings. Ogan has been working closely with a number of professional persons including a nationally known expert, and an Administrative Law judge here in Alaska.

"There is broad support for separating hearing officers from their agencies. It's hard to believe 'in house' hearings provide due process," said Ogan. Winston Churchill once said, "When you have a lack of separation of powers between the executive and the judiciary, you have a tyranny."

Ogan had introduced a bill in the last legislature to initiate independent hearings but changed tactics this session. "The Knowles Administration, while saying they were supportive of the concept, ran interference with the legislature setting up the details of the plan. This new approach will avoid the criticism of micro managing. If the people approve of independent hearing officers, hopefully the administration will come to the table." said Ogan.

Ogan touts his measure as being cost efficient and points to other states that have put independent offices into place. A report from Colorado shows fewer officers, much faster hearings, high public approval, and fewer cases needing litigation.

"There is no doubt this will save the state millions of dollars. Our Court System will see fewer cases. The bureaucracy will be more cautious with regulations if they are held accountable by an independent tribunal." said Ogan. "The biggest savings will be to the public, who will have better regulations, fair hearings, and consistent public policy."