OFFICE OF STATE ADMINISTRATIVE HEARINGS ANNUAL REPORT 2018

225 Peachtree Street, NE, Suite 400, Atlanta, Georgia 30303 www.osah.ga.gov

TABLE OF CONTENTS

Contents

A Letter from the Chief _________________________________________________________________________________ 1

Judges ____________________________________________________________________________________________________ 3

Staff Attorneys ___________________________________________________________________________________________ 5

Staff List __________________________________________________________________________________________________ 7

FY2018 Staffing Accomplishments and Updates ___________________________________________________ 8

Court Locations ________________________________________________________________________________________ 15

FY2018 Projects ________________________________________________________________________________________ 16

Sample of Litigants ____________________________________________________________________________________ 24

ANNUAL REPORT 2018

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A Letter from the Chief

In FY2018, OSAH received a total of 47,501 cases, a 6,500 increase from FY2017. This is an average of approximately 3,393 cases per judge—the highest caseload per judge in the nation. OSAH’s hardworking judges and forward-thinking staff tackled this caseload head on, and through the use of innovative business practices and advancements in technology, were able to achieve the lowest cost per case in the United States and finish FY2018 strong.

Over the last twelve months, OSAH experienced many remarkable successes. To start, I am proud to announce that in April 2018, OSAH went paperless. Our case records now exist in electronic format on a secure, online platform, which reduces waste and increases accountability of judges and staff. Additionally, our case management system was fully implemented, which significantly streamlines case processing. For example, the use of automatic forms decreases time spent on data entry, and new features allow parties to quickly view calendars and access decisions.

OSAH worked to develop procedures in light of recent changes to Georgia’s administrative law. These changes aim to improve due process for citizens by giving OSAH judges authority to issue final decisions in the majority of cases; ensures access to fair hearings by allowing citizens to petition OSAH directly if an agency fails to forward a hearing request to OSAH within 30 days of receiving the request; and streamlines the judicial process by granting judges the authority to enforce subpoenas and issue civil penalties. OSAH’s top priority remains: to provide Georgians with high-quality service in a time-efficient manner, continuously striving to improve its performance each year.

We could not have accomplished so much without the partnership of our stakeholders: the Office of the Governor, the Office of the Lieutenant Governor, the members of the General Assembly, the Attorney General’s Office, the membership of the State Bar of Georgia, state agencies, the judiciary, law enforcement, and especially the citizens of Georgia. We look forward to continuing to improve our services in FY2019.

Regards,

Michael Malihi

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Office of State Administrative

Hearings Staff

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Judges

Chief Judge Michael Malihi

Judge Barbara Brown

Judge David Langston

Judge Steve Teate

Judge Patrick Woodard

Judge Carol Walker-Russell

Judge Ana Kennedy

Judge Ronit Walker

Judge Stephanie Howells

Judge Kimberly Schroer

Judge Amanda Baxter

Judge Charles Beaudrot

Judge Lawrence O’Neal

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Judge John Hennelly

Judge Shakara Barnes

Judge Rabb Wilkerson

Judge Mary Paige Adams

Judge Wayne Bond

Judge David Purvis

Judge Jeff Milsteen

Judge John Fry

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Staff Attorneys

Lisa Boggs

Chief of Staff General Counsel

Dominic Capraro

Deputy General Counsel

Jennifer Williams

Staff Attorney

Megan Long Staff Attorney

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Organizational Chart

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Staff List

Chief Judge Michael Malihi

Chief of Staff and General Counsel

Lisa Boggs

Judges Judge Barbara Brown Judge David Langston Judge Steve Teate Judge Patrick Woodard Judge Carol Walker-Russell Judge Ana Kennedy Judge Ronit Walker Judge Stephanie Howells Judge Kimberly Schroer Judge Amanda Baxter Judge Charles Beaudrot Judge Lawrence O’Neal Judge John Hennelly Judge Shakara Barnes Judge Rabb Wilkerson Judge Mary Paige Adams Judge Wayne Bond Judge David Purvis Judge John Fry Judge Jeff Milsteen Judge Jennifer Tourial Staff Attorneys Dominic Capraro Megan Long Jennifer Williams

Administrative Staff Yolanda Brown Melvina Cummings Evelyn Gertsch Devin Hamilton Jason Hendrix Christina Herd Victoria Hightower Charmaine Hooke-Powell Hazel Jackson Monica Kelly Porcia Lockett Gloria McDonald Grant Mintz Willie Muigai Shannon Nugent Larry Parker John Rasheed Jason Rouse Meredith Spears Hunter Tredway Andrew Thompson Chelsea Unschuld Delores Waters Amber Webb Kevin Westray

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FY2018 Staffing Accomplishments and Updates

Appointment of Judge Shakara Barnes

On June 25, 2018, Judge Shakara Barnes was appointed to serve as OSAH’s newest full-time Judge. Prior to her appointment, Judge Barnes served as Litigation and Regulatory Enforcement Counsel for Deutsche Bank. Her distinguished career includes the management of a broad range of litigation, regulatory matters, and investigations in a highly-regulated global banking and financial services company with over 100,000 employees. Judge Barnes graduated from Howard University School of Law and Florida A&M University, B.A. Political Science and French. Judge Barnes will be handling a wide variety of cases for the Court, and will be hearing cases throughout the state.

Judge Beaudrot Lifetime Achievement Award

Judge Charles Beaudrot, a part-time Judge, was selected as the Daily Report’s Attorney of the Year Finalist. Judge Beaudrot also received the Lifetime Achievement Award during a special ceremony in July. Judge Beaudrot served as the Chief Judge of the Tax Tribunal for two years starting in 2012. He then went back to his practice at Morris, Manning, and Martin, from where he recently retired. After his retirement from Morris, Manning, and Martin, Judge Beaudrot began serving as a part-time Judge at the Office of State Administrative Hearings. He hears cases of many types all over the state.

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Appointment of Six Part Time Judges Judge Malihi has appointed Judges Adams, Bond, Fry, Milsteen, Purvis, and Wilkerson in Fiscal Year 2018 as part time Special Assistant Administrative Law Judges to assist with the Child Abuse Registry caseload. These cases are time consuming due to travel and deadline requirements, and the SAALJs allow the Court to ensure every case is heard and decided on a timely manner. Judges Adams, Blitch, Bond, Fry, Milsteen, and Purvis have been vital to the hearing of Child Abuse Registry cases.

New Staff Positions

Judge Malihi created three new positions within OSAH in 2018: Chief of Staff, Deputy General Counsel, and Quality Assurance/Legislative Aide.

Chief of Staff

Lisa Boggs, OSAH’s General Counsel, was appointed Chief of Staff in January 2018. She is responsible for day-to-day operational issues, and ensures OSAH’s judicial staff receives the information, analyses, and views necessary to address a wide range of legal issues. She oversees communications with the press; supports judicial staff in their public-speaking appearances; and represents OSAH during legal seminars and conferences. Lisa reviews pending problems involving OSAH’s staff/processes and determines solutions. As Chief of Staff, Lisa ensures the Court is working effectively and efficiently.

Deputy General Counsel

Dominic Capraro, a Staff Attorney at OSAH, was appointed Deputy General Counsel in June of 2018. Dominic assists the General Counsel with overseeing all legal activities for the Court, and provides legal advice and counsel to the Chief Judge. His duties include identifying, analyzing, and advising on the various legal issues facing the Court, while also establishing internal procedures and drafting Court forms or templates. The creation of this position has heightened the Court’s ability to stay up to date on legal issues and innovations in administrative law.

Quality Assurance and Legislative Aide

The Quality Assurance/Legislative Aide position was created in July of 2018 and filled by Amber Webb. Her duties in Quality Assurance include determining OSAH’s quality procedures, ensuring that court processes comply with national standards, acting as a catalyst for change and improvement in performance and quality, directing objectives to maximize performance, and monitoring performance. As Legislative Aide, Amber will perform a wide range of communication and public relations duties with representatives and individuals and organizations involved in the legislative process, oversee inquiries from the Governor’s office and the General Assembly, and monitor legislative activity impacting the Court. The creation of this position allows OSAH to better identify internal trends and determine targeted solutions.

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Nation Wide Comparisons

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Lowest Cost Per Case In The Nation

Cost Per Case

Source: State of Louisiana, 2017 Comparison of States with Centralized Administrative Hearings Tribunals

At $147.00 per case, Georgia has the lowest cost per case in the nation. This is due, in part, to OSAH’s significant cost-saving measures, including its method of organizing cases and agreements with local courthouses.

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Highest Adjudication Rate In The United States

Number of Cases Per Judge

Source: State of Louisiana, 2017 Comparison of States with Centralized Administrative Hearings Tribunals

Georgia’s Administrative Law Judges adjudicated the highest number of cases per judge in the United States. This high case count per Judge is handled by an Administrative Staff of approximately 25 people.

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How does OSAH remain the best performing Administrative Court in the United States?

OSAH has both the lowest cost per case and highest caseload per Judge in the United States. This is made possible by 23 years of innovative thinking and cost reducing techniques.

Calendar Consolidation High volume case types are consolidated to one calendar date and location each month. This decreases travel costs and time, and ensures citizens of Georgia have an opportunity to be heard promptly at 51 hearing location throughout the state each month.

Technology The development of OSAH’s updated case management system, eCourt, has significantly streamlined the case management procedure. With this new technology, OSAH is able to save both time and resources.

Low Real Estate and Security Costs OSAH pays for real estate at one out of 51 hearing locations – the Atlanta headquarters, which also houses OSAH’s staff. The low real estate and security costs are possible because of the partnerships OSAH maintains with local governments and courthouses. In many instances, OSAH relies on security officers working in the courthouse and as a result, does not have to hire additional officers.

Digital Hearing Recordings The optimization of digital hearing recordings has nearly eliminated OSAH’s need for very costly court reporters. This leads to a significant decrease in personnel costs.

Utilization of Part Time and Contract Judges OSAH utilizes Part Time and Contract Judges to handle the high caseload and maintain the quality and timeliness of each case. This leads to a decrease in personnel costs and the optimization of human capital.

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OSAH Facts and Figures

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Court Locations

In addition to Atlanta, every month OSAH Judges adjudicate cases throughout the State of Georgia in 49 locations at no additional cost to the taxpayers. Each color corresponds to a Judge and reflects the regions they cover.

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FY2018 Projects

eCourt

Over the past few years, OSAH has been developing a web-based case management software called eCourt. This software launched during FY2018 and has automated many of OSAH’s operations. This leads to financial savings, staffing efficiency, and increased access to case records.

The home screen of eCourt once a user logs in to the site.

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An example of a case record in eCourt.

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The current features of eCourt include:

Document Generation/Automatic Attachment

The software houses templates for Notices of Hearings, Continuance Orders, and many more documents. These templates can be automatically attached to a case with the click of a button, or they can be opened and edited prior to being attached.

The screen that appears when a user needs to generate a document.

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Hearing Date Automation

For each individual docket entered, if the agency, case type and county selected match a calendar created in eCourt by the Judge’s assistant, then a hearing date will automatically display for that docket and it will be added to that calendar.

Automatic Calendar Generation

Users can export or print a pdf view of the dockets for an upcoming calendar. Users can now download calendars to prepare for court if a hearing location does not have reliable WiFi access.

Export Bulk

Document templates for high-volume case types can be generated in bulk. For example, some Child Support Establishment and Food Stamp Fraud documents are generated in bulk.

DDS Platform

The Department of Driver Services (DDS) submits case information electronically via a shared online portal. A Notice of Hearing is then automatically generated and sent to the mailing vendor. This cuts down on the time it takes to process DDS hearing requests.

Case Search

Users can search by a variety of fields to locate a case including: Judge, Agency, Case Type, and County. Users can use the options below to search for open and closed cases. This feature is helpful in creating reports.

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In recent years, time has been spent developing new features for eCourt to enhance the existing savings and increase efficiency. The following features are the most recent developments:

Reporting Module

Users can develop case reports with various criteria and configurable options in order to maintain easy access to case status.

Administrative Module

Users will have the ability to manage and edit parties, calendars, schedules, documents, and case types.

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Paperless Project

In September 2017, OSAH began Operation Paperless, and as of April 2018, all case records exist in electronic format on a secure, online platform, which reduces waste and increases accountability of judges and staff. This project was made possible by the maintenance of an electronic record in eCourt. Everything that would previously go into a paper file now goes onto eCourt. OSAH still accepts paper filings, as each staff member has a scanner at his or her desk to easily scan and upload paper filings to eCourt.

This project saves OSAH time and money. Since the beginning of the experiment the number of file folders and labels used has decreased significantly.

Estimated Paperless Impact on Supplies

*Based on an estimated amount of sheets per case

0

10,000

20,000

30,000

40,000

50,000

File Folders Labels

Pre-PaperlessQuantities

Projected FY2019Quantities

0200,000400,000600,000800,000

1,000,0001,200,0001,400,0001,600,0001,800,000

Sheets of Paper for Case Files

Pre-PaperlessQuantities

Projected FY2019Quantities

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Legislation

House Bill 790, which was passed by the Georgia General Assembly in March 2018 and signed into law by Governor Deal in May 2018, grants OSAH final decision-making authority in the vast majority of cases it adjudicates, provides citizens with a path to directly file a case with OSAH, and allows administrative law judges to issue civil penalties for certain violations.

Final Decision Authority

Previous Law: All decisions issued by OSAH were initial decisions, unless an agency provided by rule that OSAH may enter final decisions. “Initial decisions” are subject to agency review, whereas “final decisions” may be directly appealed by superior courts.

HB 790: Provides the authority to issue final decisions for all contested cases. Exceptions are made for cases referred by agencies that are (i) responsible for licensing and supervising professionals; or (ii) were constitutionally created or are headed by constitutional officers.

Impact of Final Decision Authority

Projected Impact of HB790 (using FY17 case referral numbers)

Case Referrals for FY2017, by Type of Decision

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Filing Hearing Requests Under the Administrative Procedure Act

Previous Law: There was no set deadline by which agencies must have referred contested cases for hearings before OSAH’s administrative law judges.

HB 790: Establishes that if an agency does not refer a contested case within 30 days, parties will be allowed to file hearing requests directly with OSAH.

Enforcement Authority

Previous Law: When a subpoena was disobeyed, a party could seek enforcement through the superior court of the county where the contested case was being heard. In cases where an individual disobeyed a lawful order, refused to testify, or committed similar misconduct, the administrative law judge could certify the facts to the superior court where the offense was committed. The superior court, in turn, took “appropriate action,” which could have included making a finding of contempt.

HB 790: Provides the power to enforce subpoenas when individuals do not appear for administrative proceedings (through fines), and provides the authority to sanction parties (e.g., through fines) for such actions as disobeying lawful orders, refusing to testify, filing pleadings that contain frivolous arguments, or other similar misconduct.

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Sample of Litigants

Citizens of the State of Georgia

Office of the Governor

Board of Regents

Care Management Organizations

Department of Banking and Finance

Department of Behavioral Health & Developmental Disabilities

Department of Community Health

Department of Driver Services

Department of Education

Department of Human Services

Department of Labor

Department of Natural Resources

Department of Public Safety

Department of Revenue

Department of Transportation

Georgia Commission on Equal Opportunity

Georgia Composite Medical Board

Georgia Government Transparency & Campaign Finance Commission

Georgia Real Estate Appraisers Board

Georgia Real Estate Commission

Office of the Secretary of State

Office of the Inspector General

Peace Officer Standards and Training Council

Professional Licensing Boards

Professional Standards Commission

Public Retirement System

Technical College System of Georgia

State Road and Tollway Authority

State Personnel Board