Maryland Bar Bulletin
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OAH Continues to Prosper
By Janet Stidman Eveleth

When the Office of Administrative Hearings (OAH) opened its doors in 1990, it revolutionized the administrative hearing process for Maryland State government. Twelve years down the road, OAH is recognized as a national leader and a model for other state administrative hearing agencies. This unique agency has expanded its jurisdiction, expedited its operations, incorporated dispute resolution measures and utilized technology to streamline its caseload. Now under new leadership, OAH continues to excel, offering an effective and progressive way to handle contested state government cases.

In 1990, the Maryland General Assembly created the Office of Administrative Hearings to consolidate all Maryland State government contested agency cases under one roof. This new independent agency brought uniformity to the contested hearing process and eliminated perceptions of bias that existed when hearing examiners employed by individual state agencies heard and decided on cases from their respective agencies. Hearing examiners from over 20 state agencies were incorporated into the OAH, and 65 new administrative law judges began traveling across the state, tackling a caseload that averaged 65,000 cases a year in the early 1990s. 

The administrative law judges render findings of facts and conclusions of law in cases ranging from personnel, medical assistance, human relations, occupational safety and health, insurance and child support enforcement to special education, retirement and pension, inmate grievances and consumer protection. All administrative law judges are cross-trained, enabling them to hear all kinds of cases. Formal written opinions are usually issued, although bench decisions are rendered in certain hearings, including motor vehicle and involuntary admission.

OAH Today

Today, OAH's 61 administrative law judges handle roughly 53,000 cases a year, most of which involve Motor Vehicle Administration issues. While about 27,000 of these are bench decisions, the remaining 26,000 require written decisions. The judges hear over 4,000 cases a month, and 60 percent of these cases are heard on the road. To better serve the public, OAH hearings are conducted in 200 locations across Maryland, and agency judges conduct many prison hearings with inmates via video conferencing.

The agency continues to expand the jurisdiction of its cases. This month, another 6,000 cases will be added to OAH's already voluminous annual caseload when the agency assumes responsibility for appeals on insurance surcharge cases. Maryland residents have the right to appeal on a 15 percent or higher surcharge on property, life and car insurance and OAH anticipates a large number to be filed.

In recent years, OAH has capitalized on the popularity of mediation, using it to advantage in the resolution of cases. The agency offers ADR services, directs many parties with pending administrative hearings to mediation at the onset and successfully settles a large number prior to the hearing. OAH utilized mediation and settlement conferences to resolve 60 percent of its cases in 2001, saving litigators, parties and the state of Maryland considerable time and expense.

All OAH administrative law judges undergo rigorous mediation training and are certified mediators. Agency judges now engage in roughly 300 OAH mediation sessions a year and boast an impressive settlement rate of 75 percent. Additionally, many judges go out and serve as mediators in the community and assist Baltimore County's circuit and district courts with mediation services to help relieve overburdened court dockets.

New Leadership

Last spring, OAH welcomed a new leader. When the Honorable John W. Hardwicke retired as OAH's first Chief Administrative Judge, after eleven years of dedicated service, the Honorable Thomas E. Dewberry assumed the agency's top post. A former member of Maryland's House of Delegates, Dewberry served as a Hearing Examiner for the Maryland Public Service Commission for 23 years. The new Chief Judge brings a diverse professional background, extensive experience and great enthusiasm to his new role.

Dewberry is most enthusiastic about his new job. “I've come into a great situation,” he proclaims. “It's a tremendous experience.” Dewberry has been a public servant since 1979, when he joined the Public Service Commission, and was elected to the first of three terms in Maryland's General Assembly. “I enjoy public service and I want to serve Maryland citizens,” he adds. Thus, he finds himself in the perfect position, because “serving the public is what OAH is all about.”

As Chief Judge, Dewberry serves as the administrator of the agency and sits as a judge. As OAH's top administrator, Dewberry oversees all agency operations and supervises its 130 employees. His goal is to devote about 50 percent of his time to hearing cases, and he is undergoing extensive training to learn about the legal issues involved in OAH hearings.

The new Chief Judge will accentuate the strengths of OAH, including its rigorous training of judges and its effective use of mediation and technology. “All of our judges undergo intensive training,” explains Dewberry. “Every judge is required to receive training once a month - that's twelve days of training for each judge annually. It shows in the quality and high caliber of our judges. These outstanding judges are all proficient mediators, too.”

Under Dewberry's leadership, OAH will enhance its public service role. “This agency has a huge impact on the lives of Maryland citizens,” emphasizes the Chief Judge. “We are here to provide due process to the public. Maryland has over 75,000 state employees alone, so there are a large number of personnel cases that find their way to OAH.”

OAH touches the lives of many Marylanders. However, a number of citizens are not familiar with this agency. Thus, one of Dewberry's high priorities is building public recognition. He wants to create a greater public awareness about OAH.

“I am hopeful that we can better inform and educate the public and the legal community about our agency,” states the Chief Judge. “I want to work with our professionalism committee and create a public relations plan to market and promote OAH. Ultimately, I would like to generate greater visibility for our agency and our judges.”

As he looks to the future, Dewberry predicts “OAH will continue as a national leader, streamlining its efficient management of contested state administrative hearings. We will continue to expand our use of mediation and provide fair due process to all Maryland citizens.” OAH will continue to prosper and focus on serving the public.