Has the governor, or a governor's appointee, or any of the people writing news stories on this issue bothered to actually read the Maine statutes that apply? It doesn't seem so. If hearings officers are issuing decisions that are wrong, the losing parties and commission and the governor already have a way to fix the problem. Under ALREADY EXISTING Maine law the party that feels it has been wronged can ask for further review within the DOL. Here's what the law has to say:
"5. Commission review. The commission may on its own motion affirm, modify or set aside any decision of the Division of Administrative Hearings on the basis of the evidence previously submitted in that case or direct the taking of additional evidence, or may permit any of the parties of that decision to initiate further appeals before it. The commission shall permit such further appeal by any of the parties interested in a decision of the Division of Administrative Hearings and by the deputy whose decision has been overruled or modified by the Division of Administrative Hearings. The commission may remove to itself or transfer to the chief administrative hearing officer or to another administrative hearing officer the proceedings on any claim pending before the Division of Administrative Hearings. Any proceedings so removed to the commission shall be heard in accordance with the requirements in subsection 3. All hearings conducted pursuant to this section may be heard by a quorum of commissioners, as defined in section 1081, subsection 3. The commission shall promptly notify the interested parties of its findings and decisions."
[ 1987, c. 641, §10 (AMD) .]
How often have the complaining parties actually followed through and asked for further review? How often has the commission on its own motion or otherwise "affirm[ed], modified] or set aside any decision of the Division of Administrative Hearings" as it is authorized to do?
Even more telling, how often has a commission order setting aside a hearing officer’s decision been upheld in a followup court appeal? How often has a hearing officer’s original decision been reinstated by a court after being set aside by the commission? That is, what have the courts had to say about the decisions being made by hearing officers?
What did your post mean?
I just couldn't figure out what your post meant. If ironic, why the irony?
What?
What?
Has the governor, or a
Has the governor, or a governor's appointee, or any of the people writing news stories on this issue bothered to actually read the Maine statutes that apply? It doesn't seem so. If hearings officers are issuing decisions that are wrong, the losing parties and commission and the governor already have a way to fix the problem. Under ALREADY EXISTING Maine law the party that feels it has been wronged can ask for further review within the DOL. Here's what the law has to say:
"5. Commission review. The commission may on its own motion affirm, modify or set aside any decision of the Division of Administrative Hearings on the basis of the evidence previously submitted in that case or direct the taking of additional evidence, or may permit any of the parties of that decision to initiate further appeals before it. The commission shall permit such further appeal by any of the parties interested in a decision of the Division of Administrative Hearings and by the deputy whose decision has been overruled or modified by the Division of Administrative Hearings. The commission may remove to itself or transfer to the chief administrative hearing officer or to another administrative hearing officer the proceedings on any claim pending before the Division of Administrative Hearings. Any proceedings so removed to the commission shall be heard in accordance with the requirements in subsection 3. All hearings conducted pursuant to this section may be heard by a quorum of commissioners, as defined in section 1081, subsection 3. The commission shall promptly notify the interested parties of its findings and decisions."
[ 1987, c. 641, §10 (AMD) .]
How often have the complaining parties actually followed through and asked for further review? How often has the commission on its own motion or otherwise "affirm[ed], modified] or set aside any decision of the Division of Administrative Hearings" as it is authorized to do?
Even more telling, how often has a commission order setting aside a hearing officer’s decision been upheld in a followup court appeal? How often has a hearing officer’s original decision been reinstated by a court after being set aside by the commission? That is, what have the courts had to say about the decisions being made by hearing officers?