Committee studies uniform administrative law standards

JEFFERSON CITY, Mo. -- Administrative law judges, who are scattered among dozens of state government agencies, would be consolidated under one roof under legislation a Senate committee considered Monday.

State Sen. John Louden, R-Ballwin, said the myriad agencies that employ administrative judges to hear disputes related to executive branch regulations currently have vastly different standards and procedures. Louden's bill would create the Office of Administrative Rules, which would establish uniformity in the administrative hearing process.

"The reason for this is not only to streamline government but make it more user-friendly at the same time," Louden said.

Some committee members questioned whether consolidation would force administrative judges who currently specialize in one area, say workers' compensation, to become generalists, hearing cases outside of their established areas of expertise, such as environmental regulations. Louden said that wouldn't necessarily result as the head of the new agency would have the authority to assign judges to the types of cases with which they are most familiar.

Dale Roberts, a Columbia lawyer who testified in favor of the bill, said having a single agency would allow the flexibility for administrative judges who are experts in one area to on occasion be assigned to hear other types of cases when there is a backlog.

Roberts said creating a uniform system would make it easier for Missourians to navigate administrative proceedings. Roberts chairs the Missouri Bar's administrative law committee, but the bar has taken no position on the bill.

Roberts said about 30 states have established centralized administrative law systems. Those that have done so have achieved substantial savings, he said.

Thomas Herrmann, chairman of the state Clean Water Commission, testified against the bill. He said different agencies need the ability to structure procedures that will best achieve their individual aims. What might make sense for one agency might not for another, he said.

The Governmental Accountability and Fiscal Oversight Committee took no action on the measure.

The bill is SB 548.

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