DOAH: Bringing Impartiality and Fairness to Administrative Litigation Since 1975

DOAH was created in 1975 to settle disputes between Florida state agencies and the people they regulate. It was formed because there was a lot of distrust of executive power in Florida and agencies often acted without published policies. This led to inconsistency and made it difficult for people to challenge agency decisions. DOAH was created to provide a fair and consistent way for people to challenge agency decisions, and ensure that taxpayer funds were being used effectively. Before 1975, agencies didn’t have to follow consistent rules, and the way they held formal hearings didn’t seem fair. If someone wanted to challenge an agency’s decision, they had to have a hearing in front of someone who worked for the agency, and that person could be friends with the agency’s lawyer or be lower in rank. This made it hard for people to feel like they were getting a fair chance to argue their case. A commentator described a biased system where administrative law judges, who work for government agencies, may not appear impartial when presiding over cases involving those agencies. There were also concerns about different treatment from different agencies and lack of transparency. As a result, Florida revised its administrative procedures and created the Division of Administrative Hearings (DOAH) to provide a fair way for people to challenge agency decisions. The DOAH is led by a director appointed by the Administration Commission, and they conduct formal hearings to resolve disputes. The chief judge hires the judges who will hear cases at DOAH. They have to be members of The Florida Bar with at least five years of experience as a lawyer. The state is divided into three districts, each managed by a senior judge who assigns cases and evaluates the judges. The judges take on important cases that affect the whole state, like approving a new power plant or deciding on big state contracts. They also handle cases that impact individual lives, like employment discrimination or licensure issues for professionals. They even preside over cases involving the environment, land use, and involuntary confinement. They travel across Florida to preside over child support cases. DOAH (Division of Administrative Hearings) is an important part of Florida’s legal system. It hears cases about agency rules and proposed rules, which can have a big impact on people’s lives. For example, these rules can determine things like where trauma centers can be placed, what services are covered by Medicaid, and the requirements for getting a professional license. If someone disagrees with a rule, a judge at DOAH decides if it’s valid or not. This helps make sure that the executive branch of the government doesn’t have too much power. When a case is heard at DOAH, an ALJ makes findings of fact and the agency involved then issues a final decision. The agency can’t reject the ALJ’s findings unless they have a good reason and explain it in detail. They can’t change the findings just to support what they want. If they do, they might have to pay the other party’s legal fees. This rule helps make sure that everyone has a fair chance in the case. The Florida Legislature has given the Division of Administrative Hearings (DOAH) a lot of power when it comes to making sure government agencies follow the law. An Administrative Law Judge (ALJ) at DOAH can make the final decision in cases where a government agency is involved, and the agency usually has to accept that decision. This helps to make sure that the agency doesn’t just do whatever it wants. In important cases about whether government rules are fair and legal, the ALJ’s decision is especially important, and even the agency can’t change it without a good reason. So, DOAH acts like a watchdog to make sure the government follows the rules. DOAH was set up by the legislature to make sure that state agencies don’t have too much power. They appoint a chief judge who has to be confirmed by the Senate, and this person can’t be influenced by a single agenda. Also, DOAH is independent from all other agencies and has its own budget requests. It’s not allowed for anyone to talk to the judge in a case without the other party knowing. This makes sure that agencies have to have a good reason for their actions, because people and businesses can challenge them in a hearing. Overall, DOAH has been a very successful way to make sure agencies are fair and careful with their decisions. DOAH (Division of Administrative Hearings) in Florida helps businesses by providing fair and timely rulings on disputes with government agencies. Businesses can easily access the rulings to understand potential consequences and plan ahead. Cases are handled quickly, efficiently, and with a small support staff, which makes it easier for businesses to navigate legal issues. DOAH is a court that handles cases against state agencies. It’s accessible and less expensive for people because parties usually don’t have to travel to Tallahassee for hearings – the judge can come to them or the hearing can be done over video. There’s also no filing fee, except for a small fee in specific cases. The procedures for a DOAH hearing are more relaxed, and people can represent themselves without a lawyer. DOAH also uses new technology, so people can access their case documents online and file documents electronically. DOAH is a great place to resolve legal disputes in Florida, but the judges there aren’t paid as much as regular judges. Despite the lower pay, DOAH still attracts really smart and experienced lawyers to work as judges. So, even though they might not make as much money, Floridians can trust that their cases are being decided by really qualified people. For over 40 years, the Division of Administrative Hearings (DOAH) in Florida has been doing a great job in handling administrative law issues. People can go to DOAH and expect a fair chance to present their case to a neutral judge. DOAH has been able to make decisions quickly and efficiently, and has expanded to hear different types of cases. Many local and regional government entities in Florida have also chosen to work with DOAH. This shows that taxpayers are getting their money’s worth with the efficient and skilled service provided by DOAH. A committee in Florida found problems with how administrative rules are governed, and there have been discussions about creating a new law for this. They looked at how other states handle this too. In Florida, the Division of Administrative Hearings (DOAH) considers cases where someone’s interests are affected by a government agency. Fla. Stat. §120.52(8) explains when a rule can be declared invalid, and §120.56 sets out how to challenge a rule. In a court case, the judge said that the Department of Administrative Hearings (DOAH) has the power to decide if a rule is valid or not. In another case, the court defined “competent evidence” as evidence that is relevant and important enough for a reasonable person to believe it, and “substantial evidence” as evidence that gives a good reason to believe something. The court also said that it’s the judge’s job to look at all the evidence, resolve conflicts, decide who to believe, and make final decisions based on good evidence. If an agency changes the facts in a case and a court finds they were wrong to do so, they have to pay the lawyer’s fees for the person who appealed the decision. The agency can change the legal conclusions or rules, but they have to explain why and show that their new decision is just as good or better. They can’t change the facts to support their new decision. The Florida Supreme Court says that agencies can make rules if they have the authority and a specific law to follow. The Department of Management Services can provide support to the Division of Administrative Hearings, but the Division is not controlled by the Department. The Division is faster than a regular court in resolving cases, and they use law students as part-time workers. A qualified representative who is not a lawyer can represent a party at the Division of Administrative Hearings. This can include organizations like Citizens Property Insurance Corporation, the City of Miami, and others. The Division of Administrative Hearings handles disputes between school systems and parents of special needs or gifted children. Judge Gar Chisenhall used to work for the Department of Business and Professional Regulation and the Agency for Health Care Administration before becoming an administrative law judge. He thanks his coworkers and other judges for their help with this article. This column is from the Administrative Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/doah-bringing-impartiality-and-fairness-to-administrative-litigation-since-1975/