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For Immediate Release: March 24, 1999 Juneau -- A constitutional amendment introduced by Senator Robin Taylor (R-Wrangell), will separate the administrative hearing officer functions away from the State bureaucracies that now employ them. Senator Taylor proposes setting up an independent hearing office headed by an administrative law judge. The law judge would be appointed by the governor from a list of persons nominated by the judicial council, and confirmed by the legislature. This would make the hearing office completely separate from other agencies and department heads. The end result, said Taylor, would be a more economical hearing office that would be more responsive to those filing appeals. "Alaskans are ruled by an antiquated system of hearing officers who work for the very agencies which promulgate the regulations" said Taylor "How can people expect fair due process when their hearing officer who is employed by, and answers to, the commissioner who's decision is being appealed?" Senator Taylor goes on to say, "It's like suing a big corporation, and instead of going to court you end up with the corporation officers having your case decided by an employee of the corporation selected by the C.E.O. of the corporation who you are suing. It is not fair." This new system will provide a level playing field for Alaskans who appeal state agency decisions. The amendment is based on changes made in at least 24 other states to create fair, efficient professional administrative hearings. Perhaps most importantly, notes Taylor, full time independent hearing officers provide a level playing field for those challenging regulations. They also hold those who develop, promulgate, and enforce regulations to a higher standard. "All data shows regulations become less onerous when unbiased hearing officers, governed not by commissioners, but by due process, scrutinize them," Taylor said. "There is no doubt this will save the state millions of dollars." said Taylor. "Our Court System will see fewer cases. The bureaucracy will be more cautious with regulations if they are held accountable by an independent tribunal. I believe the biggest savings will be to the public, who will have better regulations, fair hearings, and consistent public policy."
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