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ALJ findings of fact and conclusions of law were accepted in 94.69% of all recommended decisions acted upon by the agencies.* ALJ decisions, including recommended orders, were accepted without modification in 92.11% of all recommended decisions acted upon by the agencies. 47.22% of all agency modification was of the order only (i.e. penalty assessed).

Appeals to Superior Court:

There were 25appeals filed in Superior Court.

Rehearings:

The rehearing rate was 1.98%, defined as rehearings scheduled (13) over hearings concluded (656**).

Completion Rate:

The completion rate was 93.18%, defined as cases completed (1871) over new cases filed (2008).

Continuance:

The average length of a first time continuance based on a sample of cases (first hearing setting and first continuance both occurred in the 1st quarter) was 51.44 days. The frequency of continuance, defined as the number of continuances granted (229) over the total number of cases first scheduled (2015), expressed as a percent, was 11.36%. The ratio of first settings (1904) to continued settings on the calendar (227) was 1 to 0.12.

Dispositions:

Hearings conducted: 46.8%; vacated prior to hearing: 50.8%; hearings withdrawn by agency: 2.5%.

Contrary Recommendations and Agency Response:

13.6% of recommendations were contrary to the original agency action where the agency took a position. Agency acceptance of contrary recommendations was 82.0%.

* 4.08% of ALJ recommended decisions were certified as final by the OAH due to agency inaction or mooted due to settlement.
** Cases which were vacated are not included.