H. B. 4543
(By Delegates Douglas, Givens, Jenkins, Hunt,
Amores, Kime and Trump)

(Originating in the House Committee on the Judiciary)

[February 9, l996]

A BILL to amend chapter twenty-nine-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article eight, relating generally to the creation of an office of administrative law in the executive branch of state government.

Be it enacted by the Legislature of West Virginia:
That chapter twenty-nine-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended, by adding thereto a new article, designated article eight, to read as follows:
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
ARTICLE 8. OFFICE OF ADMINISTRATIVE LAW.

§29A-8-1. Definitions.

For the purposes of this article:
(1) "Action" means an order, decree, decision, determination or ruling by an administrative agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of a person.
(2) "Adjudication" or "administrative adjudication" means a trial-type proceeding (whether conducted pursuant to article five of this chapter, other statutes, or agency regulations or practice) that offers an opportunity for an oral, fact-finding hearing before an adjudicator.
(3) "Adjudicator" is a person who presides at the reception of evidence and issues a decision. An adjudicator may be an administrative law judge (ALJ), a hearing examiner, or any other presiding official who is qualified to so act. The functions of an adjudicator include, but are not limited to, (A) making findings of fact, (B) making decisions regarding statutory law, rules and regulations and agency policy, (C) writing opinions that marshal the facts and frame the issues in a comprehensible fashion, and (D) conducting adjudicatory proceedings so as to assure a full and informative record.
(4) "Administrative law judge" means an attorney at law appointed by the administrative law commission to conduct or preside at adjudicatory hearings as provided in this article.
(5) "Agency" or "administrative agency" means any administrative unit of state government, including any authority, board, bureau, commission, committee, commission, division, section or office authorized by law to conduct adjudicatory proceedings, except those in the legislative or judicial departments.
(6) "Alternative Dispute Resolution" means any procedure that is used in lieu of an adjudication to resolve issues in controversy, including, but not limited to, settlement,negotiations, conciliation, facilitation, mediation, fact finding, mini-trials, and arbitration, or any combination thereof.
(7) "Chief judge" means the chief administrative law judge appointed and serving pursuant to the provisions of section four of this article.
(8) "Commission" means the administrative law judge commission established in accordance with the provisions of section four of this article.
(9) "Hearing examiner" means a non-attorney appointed by the administrative law commission to conduct or preside at adjudicatory hearings as provided in this article.
(10) "Office" means the office of administrative law.

§29A-8-2. Establishment; allocation within department of administration.

There is hereby established in the executive branch of the state government the office of administrative law. The office of administrative law is hereby allocated within the department of administration, but notwithstanding said allocation, the office shall be independent of any supervision or control by the department or by any personnel thereof.
§29A-8-3. Chief administrative law judge.
(a) The chief administrative law judge, or chief judge, is the chief administrative officer of the office and the presiding judge of the office.
(b) To be appointed as chief judge, a nominee for the position must possess the following qualifications:
(1) A minimum of five years experience as a practicing attorney at law;
(2) Current active membership in the West Virginia State Bar; and
(3) A minimum of two years experience in the preparation, presentation or hearing of actions, or in making decisions on the basis of the record of such hearings, originating before administrative agencies or regulatory bodies at the federal, state or local level.
(c) The chief judge shall be nominated as prescribed in section four of this article, and shall be appointed by the governor with the advice and consent of the Senate. The chief judge shall serve for a term of six years or until a successor is appointed and qualified to serve. A chief judge may be reappointed upon the expiration of his or her term, by and with the advice and consent of the Senate, if nominated for reappointment in accordance with the provisions of section four of this article.
(d) If the office of chief judge is vacant, the division chief judge who is senior in length of service as a judge shall serve as acting chief judge until such vacancy is filled. Any vacancy occurring in the office of the chief judge shall be filled in the same manner as the original appointment, but for the unexpired term only.
(e) The chief judge shall devote full time to the duties of the office and shall receive a salary as provided by law.

§29A-8-4. Administrative law judge commission.

(a) There is established an administrative law judge commission of the administrative law office. The administrative law judge commission shall consist of five members selected in accordance with the provisions of subsection (b) of this section. The commission shall submit to the governor the names of qualified nominees for appointment to the position of chief judge and shall appoint administrative law judges and hearing examiners.
(b) Each of the following persons shall appoint one person to the administrative law judge commission on or before the first day of August, one thousand nine hundred ninety-six:
(1) The chief justice of the supreme court of appeals;
(2) The chief judge of the circuit court of Kanawha County;
(3) The president of the West Virginia state bar;
(4) The director of the division of personnel of the department of administration; and
(5) The dean of the college of law of West Virginia university.
(c)(1) The persons first appointed to the commission pursuant to the provisions of subdivisions (1) and (2), subsection (b) of this section shall serve for a period of three years;
(2) The person first appointed to the commission pursuant to the provisions of subdivision (3), subsection (b) of this section shall serve for a period of two years;
(3) The persons first appointed to the commission pursuant to the provisions of subdivisions (4) and (5), subsection (b) of this section shall serve for a period of three years;
(d)(1) Subject to the provisions of this subsection, a vacancy on the commission shall be filled in the same manner as the original appointment. An officer or employee of the state of West Virginia may be a member of the commission. The commission shall select one of its members to be the chairman.
(2) Any member appointed to serve an unexpired term which has arisen by virtue of the death, disability, retirement, or resignation of a member shall be appointed only for such unexpired term, but shall be eligible for reappointment.
(3) Each person appointed after the initial appointments made in accordance with the provisions of subsection (c) of this section shall be appointed for a term of three years.
(e)(1) For the initial appointment of the chief judge or, in the event of a subsequent vacancy in such position prior to the end of the term of the chief judge, the commission, on or before the first day of September, one thousand nine hundred ninety-six, or within sixty days after notification by the acting chief judge that a vacancy has occurred, as the case may be, shall submit to the governor for appointment a list of the names of three persons qualified to fill the vacancy.
(2) Not less than sixty days before the term of the chief judge expires, the commission shall submit to the governor for appointment a list of the names of three persons, one of who may be the incumbent chief judge, who are qualified to be the chief judge.
(5) The governor shall appoint the chief judge, by and with the advice and consent of the Senate, from the lists provided bythe commission. The governor may, however, reject any list provided and request that the commission submit another list for the position.
(f) (1) A member of the commission who is an officer or employee of the State of West Virginia shall not receive additional compensation while serving as a member of the commission. Other members of the commission shall receive reasonable compensation for each day, including travel time, he or she is engaged in the actual performance of his or her duties as a member of the commission and such traveling expenses as are incurred in the performance of his or her duties. Payment for traveling expenses shall be made consistent with state law. A member shall not be deemed an officer or employee of the State of West Virginia solely by reason of his or her service as a member of the commission.
(2) All agencies of the State of West Virginia shall provide to the commission the assistance and facilities that the commission requests, including access to records and other information pertaining to prospective nominees, to enable the commission to perform its functions. Records and information so furnished shall be treated as privileged and confidential by the commission.
(3) Funds appropriated to conduct the general operations of the office may be expended to defray the expenses of the commission.

§29A-8-5. Appointment and transfer of adjudicators.

(a) After the initial establishment of the office the administrative law judge commission shall appoint new or additionaladjudicators, either as administrative law judges or hearing examiners, as may be necessary for the efficient and expeditious conduct of the business of the office. Appointments shall be made from registers maintained by the commission. Upon request by the chief judge, the commission shall appoint a person as administrative law judge or hearing examiner, as the case may be, from among the highest three eligible individuals available for appointment on the appropriate register.
(b) An adjudicator may not perform or be assigned to perform duties inconsistent with the duties and responsibilities of an administrative law judge or hearing examiner.
(c) An adjudicator may not be involuntarily reassigned to a new permanent duty station that is beyond commuting distance of the adjudicator's permanent duty station. An adjudicator may be temporarily detailed, once in a twenty-four month period, to a new duty station at any location, for a period of not more than one hundred twenty days.
§29A-8-6. Classification, appointment and promotion.
(a) In cooperation with the administrative law commission, the chief judge shall establish an administrative law judge salary system which places each administrative law judge in one of three grades or levels, designated AL-3, AL-2 and AL-1. Grade AL-3 shall have five rates of pay, A, B, C, D and E, ranging respectively in five percent intervals from sixty-five percent of the salary of grade AL-1 to eighty-five percent of the salary of grade AL-1. Grade AL-2 shall have two rates of pay, equal respectively toninety percent and ninety-five percent of the salary of grade AL-1. Grade AL-1 shall have one rate of pay.
(b) In cooperation with the administrative law commission, the chief judge shall establish a hearing examiner salary system consisting of not less than five levels with five corresponding rates of pay.
(c) It is the intent of the Legislature that a multi-grade system of hiring and promotion be established and maintained in the office, and that individual adjudicators be paid according to their abilities and performance, as shown by evaluations conducted in accordance with the provisions of subdivision (19), section twelve of this article. Because the Legislature has determined that various proceedings conducted by the office implicitly require adjudicators with differing performance capabilities, levels of expertise, or other distinguishing qualities, cases should not be assigned in rotation, and consequently a difference in work loads among adjudicators justifies a system of hiring and promotion best supported by a multi-grade system.
(d) Grade AL-3 is the basic salary level for administrative law judge positions appointed by the commission. The chief judge, subject to the approval of the commission, may establish administrative law judge positions at grades AL-1 and AL-2. The chief judge, in cooperation with the commission, shall propose legislative rules for promulgation in accordance with the provisions of this chapter that establish criteria for placing individual administrative law judges at levels AL-1 and AL-2. Thelegislative rules shall give primary consideration to the competence required for the position, the degree of complication and difficulty inherent in the cases to be heard, the responsibility involved, and the qualifications required. The highest level administrative law judges who fill the positions at the AL-1 and AL-2 levels, who are to conduct and decide the most difficult proceedings, shall be chosen principally from among existing judges in the office on a progressive promotion basis.
(c) The chief judge, subject to the approval of the commission, shall establish time frames under which adjudicators are periodically eligible to be considered for advancement to a higher level within the salary system. It is the intent of the Legislature that the system of promotion provide a substantial economic incentive for adjudicators to put forth their best efforts, and that advancement be based upon positive evaluations of the adjudicator's performance.
§29A-8-7. Jurisdiction.
(a) Except as provided in subsection (c), an adjudicator who is a member of the office shall hear and render a decision upon (1) every case of adjudication required by law to be held by an agency described in section ten of this article; and (2) every other case referred to the office by an agency or court in which a determination is to be made on the record after an opportunity for a hearing.
(b) When a case under subsection (a) arises, it shall be referred to the office. Under regulations issued by the commissionthe case shall be assigned to an adjudicator.
(c) Notwithstanding subsection (a) or (b), if authorized by this code, (1) an agency, or one or more members of the body that comprises the agency, may hear the case and render the decision thereon; or (2) an agency may provide for omission of an adjudicatory decision by an adjudicator.
(d) State agencies and courts are hereby authorized to refer to the office any other case where a determination on the record after an opportunity for a hearing by an adjudicator of the office is found by such court or agency to be desirable and appropriate.
§29A-8-8. Removal and discipline.
(a) Except as provided in subsection (b) of this section:
(1) An adjudicator may not be removed, suspended, reprimanded, or disciplined except for misconduct, incompetence, or neglect of duty but may be removed or suspended for physical or mental disability; and
(2) An action specified in subdivision (1) of this subsection may be taken against an adjudicator only after the commission has filed a notice of adverse action against the adjudicator and has determined, on the record after an opportunity for a hearing before the commission, that there is good cause to take such action.
(b) Subsection (a) does not apply to the replacement or reassignment of a division chief judge.
(c) Under legislative rules proposed for promulgation by the commission in accordance with the provisions of chapter twenty- nine-a of this code, a complaints resolution board shall beestablished within the office to consider and to recommend appropriate action to be taken upon complaints against the official conduct of judges.
(d) The complaints resolution board shall consist of two judges from each division of the office. Each board member shall be elected by the administrative law judges who are assigned to the division for a term of two years. The chief judge and the division chief judges may not serve on the board.
(e) A complaint of misconduct on the part of an adjudicator must be made in writing. The complaint shall be filed with the chief judge, or it may be originated by the chief judge on his own motion. The chief judge shall refer the complaint to a panel consisting of three members of the board selected by the commission, none of whom serves in the same division as the adjudicator who is the subject of the complaint. The complaint must be referred as it was originally received or drawn and may not be accompanied by any other matter. The adjudicator who was the subject of the complaint shall be given notice of the complaint and the composition of the panel. The adjudicator may challenge peremptorily not more than two members of the panel. The commission shall replace a challenged member with another member of the board who is eligible to serve on such panel.
(f) The panel shall inquire into the complaint and shall render a report thereon to the commission. A copy of the report shall be provided concurrently to the adjudicator who was the subject of the complaint. The report shall be advisory only,except that if the commission decides to act contrary to the report, based on the matters contained in the complaint, it may do so only upon a finding by the commission that the recommendation of the report is unwarranted by the facts, is not supported by substantial evidence, or is arbitrary, capricious or otherwise not in conformity to the law.
(g) The proceedings, deliberations, and reports of the board and the contents of complaints under this section shall be treated as privileged and confidential. Documents considered by the board and reports of the board are exempt from disclosure or publication.
§29A-8-9. Review of office.
The chief administrative law judge shall make a study of the various types and levels of agency review to which decisions of administrative law judges are subject. A separate study shall be made for each division of the office. The studies shall include monitoring and evaluating data and shall be made in consultation with the division chief judges and the agencies that review the decisions of adjudicators. No later than the first day of July, one thousand nine hundred ninety-eight, the commission shall report to the governor and the Legislature on the findings and recommendations resulting from the studies. The report shall include recommendations, including recommendations for new legislation, for any reforms that may be appropriate to make review of adjudicators' decisions more efficient and meaningful and to accord greater finality to such decisions.
§29A-8-10. Transfer of functions to the office.
(a) There are transferred to the adjudicators of the administrative law judge office all functions performed prior to the thirtieth day of September, one thousand nine hundred ninety- six, by the administrative law judges or hearing officers previously utilized by the following agencies:
(1) The state board of accountancy, known as the "West Virginia board of accountancy", as described in section three, article nine, chapter thirty of this code;
(2) The West Virginia board of architects, as described in section one, article twelve, chapter thirty of this code;
(3) The board of barbers and cosmetologists, as described in section one, article twenty-seven, chapter thirty of this code;
(4) The West Virginia cable television advisory board, as described in section six, article eighteen, chapter five of this code;
(5) The West Virginia board of chiropractic examiners, as described in section three, article sixteen, chapter thirty of this code;
(6) The West Virginia contractor licensing board, as described in section four, article eleven, chapter twenty-one of this code;
(7) The West Virginia board of dental examiners, as described in section four, article four, chapter thirty of this code;
(8) The West Virginia board of embalmers and funeral directors, as described in section one, article six, chapter thirty of this code;
(9) The West Virginia board of hearing-aid dealers, as described in section three, article twenty-six, chapter thirty of this code;
(10) The state board of examiners of land surveyors, as described in section three, article thirteen-a, chapter thirty of this code;
(11) The West Virginia state board of landscape architects, as described in section four, article twenty-two, chapter thirty of this code;
(12) The West Virginia board of medicine, as described in section five, article three, chapter thirty of this code;
(13) The West Virginia board of occupational therapy, as described in section five, article twenty-eight, chapter thirty of this code;
(14) The West Virginia board of optometry, as described in section three, article eight, chapter thirty of this code;
(15) The West Virginia board of osteopathy, as described in section three, article fourteen, chapter thirty of this code;
(16) The West Virginia board of pharmacy, as described in section two, article five, chapter thirty of this code;
(17) The West Virginia board of physical therapy, as described in section four, article twenty, chapter thirty of this code;
(18) The West Virginia state board of examiners for licensed practical nurses, as described in section five, article seven-a, chapter thirty of this code;
(19) The board of registration for professional engineers, as described in section four, article thirteen, chapter thirty of this code;
(20) The state board of examiners of psychologists, as described in section five, article twenty-one, chapter thirty of this code;
(21) The West Virginia radiologic technology board of examiners, as described in section four, article twenty-three, chapter thirty of this code;
(22) The West Virginia real estate commission, as described in section three, article twelve, chapter forty-seven of this code;
(23) The West Virginia real estate appraiser licensing and certification board, as described in section five, article fourteen, chapter thirty-seven of this code;
(24) The West Virginia board of examiners for registered professional nurses, as described in section three, article seven, chapter thirty of this code;
(25) The West Virginia board of social work examiners, as described in section three, article thirty, chapter thirty of this code;
(26) The West Virginia board of speech-language pathology and audiology, as described in section seven, article thirty-two, chapter thirty of this code; and
(27) The West Virginia board of veterinary medicine, as described in section three, article ten, chapter thirty of this code.
(b) With the consent of the agencies concerned, the administrative law judge office may use the facilities and the services of officers, employees, and other personnel of agencies from which functions and duties are transferred to the office for so long as may be needed to facilitate the orderly transfer of those functions and duties under this article.
(c) The personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorization, allocations, and other funds employed, held, used, arising from, available or to be made available, in connection with the functions, offices, and agencies transferred by this article are correspondingly transferred to the office for appropriate allocation.
(d) The transfer of personnel pursuant to subsection (b) of this section shall be without reduction in classification or compensation for one year after such transfer.
(e) The secretary of the department of administration, at such time or times as the secretary shall provide, may make such determinations as may be necessary with regard to the functions, offices, agencies, or portions thereof, transferred by this article, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, offices, agencies, or portions thereof, as may be necessary tocarry out the provisions of this article. The secretary shall provide for such further measures and dispositions as may be necessary to effectuate the purposes of this article, and for the termination of the offices and agencies specified in this article.
(f) All orders, determinations, rules, regulations, certificates, licenses, and privileges which have been issued, made, granted, or allowed to become effective in the exercise of any duties, powers, or functions which are transferred under this article and are in effect at the time this article becomes effective shall continue in effect according to their terms until modified, terminated, superseded, set aside, or repealed by the administrative law office of the state of West Virginia or a judge thereof in the exercise of authority vested in the office or its members by this article, by a court of competent jurisdiction, or by operation of law.
(g) This article shall not affect any proceeding before any department or agency or component thereof which is pending at the time this article takes effect. Such a proceeding shall be continued before the administrative law judge office or an adjudicator thereof, or, to the extent the proceeding does not relate to functions so transferred, shall be continued before the agency in which it was pending on the first day of September, one thousand nine hundred ninety-six.
(h) No suit, action, or other proceeding commenced before on or before the first day of September, one thousand nine hundred ninety-six shall abate by reason of the enactment of this article.

§29A-8-11. Adjudicators; appointment; evaluation; term; reappointment.

(a) Adjudicators shall be appointed by the administrative law commission to initial terms of one year. During this initial term, each adjudicator shall be subject to a program of evaluation as delineated in subsection (19), section twelve of this article. First reappointment of an adjudicator after this initial term shall be by the commission for a term of four years and until the appointment and qualification of the adjudicator's successor.
(b) Subsequent reappointments of an adjudicator shall be by the commission to terms of five years and until the appointment and qualification of the adjudicator's successor.
(c) Except as otherwise provided in subsection (d) of this section, an administrative law judge appointed by the commission shall have a minimum of three years experience as a practicing attorney at law and be a current active member of the West Virginia State Bar.
(d) A person who served as a full-time administrative law judge or hearing examiner for an agency named in subsection (a), section ten of this article prior to being transferred to the office of administrative law in accordance with the provisions of this article shall not be required to have been an attorney or, if an attorney, shall not be required to have been an attorney for three years in order to serve as an adjudicator in the office.

§29A-8-12. Functions of the chief administrative law judge.

The following functions are vested in the chief administrativelaw judge of the office of administrative law, and shall be performed by the chief judge or by such employees of the office as the chief judge designates:
(1) Administering and causing the work of the office to be performed with efficiency, uniformity, and justice;
(2) Organizing and reorganizing the office, and establishing such organizational units within the office as may be required or appropriate, including, but not limited to, establishing divisions within the office headed by division chief judges responsible to the chief administrative law judge;
(3) Appointing such clerical assistants and other personnel as may be required for the conduct of the office;
(4) Assigning and reassigning personnel to employment within the office;
(5) Directing and supervising the activities of division chief judges, administrative law judges, hearing examiners and other employees of the office, distributing business among employees and organizational units of the office, and directing the internal management of the office;
(6) Directing the preparation of requests for appropriations for the office and the use and expenditure of funds by the office;
(7) Developing uniform standards, rules of evidence, and procedures, including but not limited to, standards for determining whether a summary or plenary hearing should be held to regulate the conduct of adjudications and the rendering of adjudicatory decisions;
(8) Advising the governor, as the governor may request, on actions which may be taken to promote an efficent administrative law office for adjudicating matters before administrative agencies;
(9) Conducting, or otherwise providing for the conduct of, studies and research into methods of assuring improvements in the processes of administrative adjudications;
(10) Proposing for promulgation in accordance with the provisions of article three of this chapter such rules for the prompt implementation and coordinated administration of this article, as may be required or appropriate;
(11) Administering and supervising the procedures relating to the conduct of adjudications and the making of administrative adjudications, as defined by article five of this chapter;
(12) Advising agencies concerning their obligations under the state administrative procedures act;
(13) Assisting agencies in the preparation, consideration, publication and interpretation of legislative rules required or appropriate pursuant to article three of this chapter;
(14) Employing the services of the several agencies and of the employees thereof in such manner and to such extent as may be agreed upon by the chief judge and the chief executive officer of such agency;
(15) Having access to information concerning the several agencies to assure that they properly promulgate all rules required by law;
(16) Assigning permanent adjudicators at supervisory andother levels who are qualified in the field of administrative law or in subject matter relating to the hearing functions of a state agency;
(13) Appointing additional adjudicators, qualified in the field of administrative law or in a subject matter relating to the hearing functions of a state agency, on a temporary or case basis as may be necessary during emergency or unusual situations for the proper performance of the duties of the office, pursuant to a reasonable fee schedule established in advance by the chief judge. Adjudicators appointed pursuant to this procedure shall have the same qualifications for appointment as permanent adjudicators;
(14) Assign adjudicators to conduct adjudications. Adjudications shall be scheduled for suitable locations, either at the offices of the office of administrative law or elsewhere in the state, taking into consideration the convenience of the witnesses and parties, as well as the nature of the cases and proceedings;
(15) Assign an adjudicator or other personnel, if so requested by the head of an agency and if the chief judge deems appropriate, to any agency to conduct or assist in administrative duties and proceedings other than those related to adjudications or administrative adjudications, including but not limited to rule-making and investigative hearings;
(16) Assign an adjudicator not engaged in the conduct of adjudications to perform other duties vested in or required of the office;
(17) Secure, compile and maintain all reports of adjudicatorsissued pursuant to this act, and such reference materials and supporting information as may be appropriate;
(18) Develop and maintain a program for the continuing training and education of adjudicators and agencies in regard to their responsibilities under this act;
(19) Develop and implement a program of judicial evaluation to aid in the performance of his or her duties, and to assist in the making of reappointments under section four of this article. This program of evaluation shall focus on three areas of judicial performance: competence, productivity, and demeanor. It shall include consideration of: industry and promptness in adhering to schedules, making rulings and rendering decisions; tolerance, courtesy, patience, attentiveness, and self-control in dealing with litigants, witnesses and counsel, and in presiding over adjudications; legal skills and knowledge of the law and new legal developments; analytical talents and writing abilities; settlement skills; quantity, nature and quality of caseload disposition; impartiality and conscientiousness. The chief judge shall develop standards and procedures for this program, which shall include taking comments from selected litigants and lawyers who have appeared before an adjudicator: Provided, That comments shall not be taken from the legal staff of agencies who have appeared before the adjudicator. The methods used by the adjudicator but not the result arrived at by the adjudicator in any case may be used in evaluating an adjudicator. Before implementing any action based on the findings of the evaluation program, the chief judge shalldiscuss the findings and the proposed action with the affected adjudicator. The evaluation by the chief judge and supporting data shall be submitted to the administrative law commission at least ninety days before the expiration of any term;
(20) Promulgate and enforce rules for reasonable sanctions, including assessments of costs and attorneys' fees which may be imposed on a party, an attorney or other representative of a party who, without just excuse, fails to comply with any procedural order or with any standard or rule applying to an adjudication and including the imposition of a fine not to exceed one thousand dollars for misconduct which obstructs or tends to obstruct the conduct of adjudications; and

§29A-8-13. Assignment of adjudicators or person not employee of office by special appointment; powers of adjudicators.

(a) Adjudicators shall be assigned by the chief judge to preside over proceedings wherein the issue is the validity of an action of an administrative agency. Such proceedings include, but are not limited to, the following:
(1) An application for review of the action of an agency which will result in the denial, modification, suspension or revocation of a permit, license, or registration;
(2) An application for review of an action of an agency which constitutes (A) a notice of a violation of statutory or regulatory law, (B) an order to cease or modify activities or operations, or (C) an order which vacates or terminates a prior order or authorization;
(3) An application for review of an assessment of a civil penalty or penalties; and
(4) Any other application for review authorized or required by this code, whether denominated as an application, appeal, complaint, petition or otherwise, that requires a hearing to be held on the issue of the validity of a determination or ruling by an administrative agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of a person.
(b) A person who is not an employee of the office may be specially appointed and assigned by the chief judge to preside over a specific adjudication, if the chief judge certifies in writing the reasons why the character of the case requires utilization of a different procedure for assigning adjudicators than is established by this article.
(c) Each adjudicator shall have and exercise the powers conferred upon the chief judge to the extent that the chief judge shall delegate them by rule.
(d) Each adjudicator shall have all powers necessary to the conduct of fair, expeditious, and impartial hearings, including the following:
(1) To administer oaths and affirmations;
(2) To issue subpoenas authorized by law;
(3) To rule on offers of proof and receive relevant evidence;
(4) To regulate the course of the hearing and the conduct of persons at the hearing;
(5) To hold conferences for the settlement or simplification of the issues by consent of the parties or by the use of alternative dispute resolution;
(6) To inform the parties as to the availability of one or more methods of alternative dispute resolution, and encourage use of such methods;
(7) To require the attendance at any conference held pursuant to subdivision (5) of this subsection of at least one representative of each party who has authority to negotiate concerning resolution of the issues in controversy;
(8) To dispose of procedural motions;
(9) To make or recommend decisions;
(10) To call and question witnesses;
(11) To impose appropriate sanctions against any party or person failing to obey her/his order, refusing to adhere to reasonable standards of orderly and ethical conduct, or refusing to act in good faith; and
(12) To take any other action authorized by the chief judge which is within the authority of the chief judge to delegate or is within the power of the agency from which the case or proceeding arose.

§29A-8-14. Continuation of authority of agency; inapplicability of act to adjudication initiated prior to effective date.

(a) Nothing in this article shall be construed to deprive the head of any agency of the authority to determine whether a case iscontested or to adopt, reject or modify the findings of fact and conclusions of law of any administrative law judge.
(b) Nothing in this article shall be construed to affect the conduct of any adjudication initiated prior to the effective date of this act, or the making of any adjudicatory decision in such adjudication.
§29A-8-15. Repeal of inconsistent acts and parts of act.
All acts and parts of acts inconsistent with any of the provisions of this article are, to the extent of such inconsistency, superseded and repealed.