Full, Fair, Impartial, Independent and Prompt

In the Second Century, the Roman Emperor Hadrian was passing through a town in the midst of a campaign to secure the northern border from the unremitting attacks of the barbarian tribes. An old woman called to him to hear a dispute. Not surprisingly, given the situation, he replied to her that he was too busy. Startling, however, was the old woman’s response: "Then you are too busy to be Emperor." To the credit of the Emperor, or perhaps as an illustration of the essential need to be publicly seen to do justice, he stopped and heard the dispute.

In December 2001, I had the pleasure of attending a presentation by Former Chief Justice Thomas Zlaket at the Annual Convention of Central Panel Directors. He cited studies showing that Americans increasingly have the sense that justice is beyond their means because access to the courts had become too expensive and time-consuming. It can literally take years for a dispute to make its way through the civil process. As a result, a dangerous corrosive effect is being produced, estranging the citizenry from the government. To the extent that we are a government of fellow citizens, the effect can only be a debilitating cynicism.

Given these studies, has a call not been sounded in 21st Century America, akin to the old Roman woman’s call to the Emperor Hadrian? Do we risk much in appearing to be too busy, too expensive, too inaccessible in addressing disputes? In creating the Office of Administrative Hearings (OAH) with its fast-track procedures and the emphasis on accessibility, the Arizona Legislature has responded to that call in the administrative arena.

Full and Fair:
The OAH process is designed to maximize accessibility. Individuals are not required to be represented by counsel and procedures are streamlined allowing the unrepresented to be effective in presenting their cases. The OAH website (www.azoah.com) is designed with a minimum of frills and organized to allow visitors to find information as quickly as possible. The background of the OAH, including its mission statement, logo, management philosophy and views of the hearing rooms give parties a sense of the “feel” of the OAH. The biographies of the Administrative Law Judges allow parties to put a name to a face and learn about a judge’s background. There are also articles written by the Administrative Law Judges designed to educate the public and parties about the hearing process. Along with links to the Arizona Revised Statutes, Arizona Administrative Code and OAH’s procedural rules, the website includes extensive cross referencing to allow non-lawyers to quickly pick up practice pointers and be able to put the law together with a minimum of searching. For example, if a person goes to OAH’s procedural rules, any rule which references another rule will have a link to it, as well as any statute in the Uniform Administrative Hearings Procedures Act that deals with the same issue. Likewise, any reference in articles dealing with practice pointers or any response to a frequently asked question that refers to any rule or statute will have links to them.

The OAH Portal found on the OAH website is an important asset to parties since it allows parties to directly access OAH’s docket to view case settings, rulings, receipt of documents and other information. Other than in confidential cases, parties can not only research their cases on-line, they can listen to the audio record of their hearings over the internet within 24 hours of the hearing. Full text searching will be added to the OAH website that will allow parties to review other decisions similar to their own. In order to aid in the preparation for a hearing, videostreaming will soon permit parties to watch and listen to a sample hearing.

The hearing rooms are designed to be pleasant and nonthreatening with attractive art and comfortable furnishings. Parties are escorted to the hearing room and encouraged to fill out questionnaires commenting on the process, including whether they were treated courteously and whether the judge was impartial and effective in the case.

Impartial and Independent:
The OAH is committed to the development of its Administrative Law Judges. The OAH takes its statutory mandate to provide fair, impartial and independent hearings seriously. Although part of the Executive branch, the OAH maintains a conscious detachment from political issues and the missions of the other Executive agencies. Procedures, rulings, and case assignments are at all times kept free of outside pressures to ensure the parties that hearings are impartial and independent.

While the Administrative Law Judges must render decisions according to the evidence before them and use their independent judgment, the OAH now requires that Administrative Law Judges review all decisions which have been modified or rejected by an agency in order to encourage them to identify any possible miscites or other areas where quality can be improved. This commitment is in furtherance of the duty of the OAH to provide continuing education to its Administrative Law Judges.

Prompt Hearings at the OAH are to be set within 60 days of a request. Decisions must be issued by the Administrative Law Judges within 20 days of the conclusion of a hearing. Agencies must act with 30 days of the receipt of the Administrative Law Judge’s decisions or the decision becomes final. Through adherence to these statutory mandates and careful case management, cases completed in a year equal the number of cases filed with the OAH. The lack of case backlog assures that parties are given hearings in a reasonable timeframe.

A Promise
The OAH mission statement summarizes our vision as “contributing to the quality of life in the State of Arizona.” Mindful of the critique of the old Roman woman, that means that we must never be too busy or distracted to give each party the attention necessary to foster confidence in our system of justice. As the OAH begins its ninth year of service, we again pledge our best efforts in responding to the call of parties who come before us to be fully, fairly, impartially and promptly heard.