"OAH Progress"

by Cliff J. Vanell, Director Vol. 10 January 1999

OAH Relocation:
The Office of Administrative Hearings will be relocating its Phoenix office from 1700 West Washington, Suite 602, Phoenix, Arizona 85007 to 1400 West Washington on February 18, 1999. The move will accommodate the expansion of OAH and the relocation of the new School Facilities Board. There will be no disruption of OAH service due to the relocation.

AHCCCS:
Mario Guevara has been designated Special Liaison to AHCCCS to facilitate the transfer of the AHCCCS appeals division to the OAH on July 1, 1999. Mr. Guevara has worked with over 30 agencies, boards and commissions since the OAH's inception and brings to the position his experience and his customary enthusiasm. The OAH office automation and case management will be expanded to include the AHCCCS caseload. Currently, 9 staff members, including 7 administrative law judges, are slated to be transferred. OAH's new administrative law judges bring with them not only their solid expertise in AHCCCS matters, but a wealth of personal and professional credentials. As the OAH expands, it recommits itself to its continuing mission to provide fair, impartial and independent hearings.

Statistics:
The OAH continues to work to makes its operation more efficient. In the last quarter the completion rate for FY 1999 increased from 95% to 96%, defined as cases completed over new cases filed. This equals the completion rate of FY 1998. This was achieved despite a 29% increase in cases.

The last quarter saw a decrease in the average time needed to schedule cases from 4.3 days to 3.5 days in appealable agency actions, and from 11.1 days to 10.77 days in contested cases. First settings were set an average of five days sooner in contested cases. Agency acceptance of recommended decisions contrary to original agency action increased from 75% in FY 1998 to 79% in FY 1999 to date.

Commencing August 21, 1998, pursuant to A.R.S. §41-1092.08, agencies, boards and commissions were required to accept, amend or reject OAH's recommended decisions within 30 days, or within 5 days of a board meeting. The OAH must certify its recommended decision as the final agency decision in the absence of timely receipt of the agency action. Since August 21, 1998, the OAH has certified 43 decisions as final. There has been a notable decrease in the average time of agency and board response from the first to the second quarter from 29.19 days to 17.21 days in appealable agency actions and from 14.92 days to 11.27 days in contested cases.

Appeals and rehearings continue to be rare. Judicial appeals have fallen steadily since the OAH's inception. In FY 1999, to date there have been 24 appeals, compared to 35 in FY 1998 in the same period.