Reena K. Shah Appointed to Maryland State Advisory Council on Administrative Hearings
Governor Moore recently appointed Reena K. Shah, Executive Director of the Maryland Access to Justice Commission, to the State Advisory Council on Administrative Hearings. This appointment provides a unique opportunity to contribute to the ongoing strength and impartiality of Maryland’s administrative legal framework.
The Charge and Work of the State Advisory Council on Administrative Hearings
The State Advisory Council on Administrative Hearings, authorized in 1989 and created in 1990, plays a vital role in Maryland’s administrative justice system. The Council consists of 10 members who serve four-year terms: seven appointed by the Governor, a senator chosen by the Senate President, a delegate chosen by the House Speaker, and the Attorney General serving ex officio.
The Council’s primary functions are comprehensive and crucial to the effective operation of the Office of Administrative Hearings (OAH) and the broader administrative process in Maryland. These include:
- Advising the Chief Administrative Law Judge (CALJ) in carrying out their duties.
- Identifying issues of importance to administrative law judges (ALJs) that the CALJ should address.
- Reviewing broader issues and problems relating to administrative hearings and the administrative process.
- Reviewing and commenting upon policies and regulations proposed by the CALJ.
- Advising the Governor on agencies for which a continuing exemption under ยง 9-1601 should be maintained.
- Submitting an annual report, which may be prepared in conjunction with the OAH’s Annual Report to the Legislative Policy Committee of the General Assembly.
The Role of the Office of Administrative Hearings (OAH)
The OAH serves as an independent body providing an impartial hearing process for contested cases involving most State agencies. Maryland is one of 27 states with such a centralized office for administrative adjudication. This structure ensures an unbiased and objective forum for citizens who disagree with a State administrative agency’s action.
Administrative law judges, who are attorneys with at least five years of experience and members of the Maryland Bar, are appointed by the CALJ to conduct these hearings. They are independent of the government agency whose action is being contested. While based in the Baltimore area, ALJs hear cases statewide, utilizing branch offices in Cumberland, Hunt Valley, Kensington, and Salisbury, among other locations. In Fiscal Year 2018, the OAH heard 38,597 cases for State agencies. The majority of these cases related to the Motor Vehicle Administration, the Maryland Department of Health, and the Department of Human Services.
The OAH has also taken on additional responsibilities. Since July 2010, it has overseen a mediation process for homeowners facing foreclosure on owner-occupied residential property, where an ALJ mediates between the mortgagee and lender to find alternatives to foreclosure. More recently, beginning January 30, 2020, the OAH assumed functions previously handled by the Handgun Permit Review Board. Now, individuals whose handgun permit applications or renewals have been rejected, revoked, or limited can request the OAH to review the Maryland Secretary of State Police’s decision. The OAH can then sustain, reverse, modify the decision, or conduct a hearing to establish facts. The Office is led by the Chief Administrative Law Judge, who is appointed by the Governor for a six-year term with Senate advice and consent.
Impact and Contributions of the Council
The Council’s advisory role is vital in ensuring the efficiency, fairness, and accessibility of administrative hearings in Maryland. Through its review of procedures, policies, and issues impacting ALJs and the administrative process, the Council contributes to maintaining the integrity of due process for Maryland citizens and businesses.
The Council has consistently been kept informed about the OAH’s operational changes, ALJ training programs, and budget status. They have provided feedback on draft Rules of Procedure, which were subsequently finalized. The Council has also commended the OAH for its adaptability, particularly in maintaining critical functions and balancing due process with safety during challenging periods like the COVID-19 pandemic, by successfully transitioning to remote hearings and mediations. Past achievements include maintaining a high timeliness rate for issuing written decisions and efforts to ensure hospital safety protocols at involuntary admission hearings.
By actively participating in discussions and offering insights, the Council will continue to uphold the principles of justice and ensure that the administrative hearing process remains robust and accessible for all Marylanders.