Administrative Law Section Report

By Steve Simas, Section Chair

The Administrative Law Section has had a successful year, with some very informative meetings.

Stephen Smith, an Administrative Law Judge (ALJ) with the Office of Administrative Hearings (OAH), detailed how an attorney might prove rehabilitation in a client. Jonathan Lew, Assistant Chief ALJ at OAH, explained the important “4-C's” in presenting an administrative hearing (Civility/Courtesy, Conciseness, Common Sense, and Closing Strong). Judge Judy Hersher described the Civil Writ changes for 2006 and discussed the emerging topics in this area of law (Firewalls/Bias, Emergency Regulations, Regulating Satellite Technology, Conflict of Laws, Judicial Notice versus Augmenting the Administrative Record, and Credibility), while Judge Gail Ohanesian gave practical pointers on presenting a writ in her courtroom (don't ask her clerk to fax documents if not absolutely necessary, use the tentative ruling to frame oral argument, don't request a separate motion for summary judgment hearing unless a single issue is dispositive of the entire case). Fred D'Orazio, Chief ALJ at PERB, discussed the challenges of harmonizing overlapping jurisdictions in the administrative law arena; Bob Sullivan, private practitioner and administrative law guru, detailed his proposed changes to the field if he were king; and legendary Deputy Attorney General Ted Prim schooled section members on the California Public Records Act.

Thank you to all of our speakers!

A benefit of section membership this year was a “pocket part” to the red or blue APA hearing books that OAH used to print. Plans are underway for an afternoon MCLE seminar in our section's tradition, to be held in January 2007 the section looks forward to coordinating with the Barristers' Club and McGeorge students for a great event.

Larry Alamao, past president of the section and visible helper over the years, retired from the Department of Real Estate. The Section presented him a lifetime achievement award for his years of service to the Section.

The Section also presented awards to Jim Beaver and Laurie Zian for their years of dedicated reservation services Laurie has coordinated the lunches and Jim has signed everyone in for so long that we remember them doing so when the section met at the nowdefunct Capitol Club. Daniel Kehew stepped up in 2006 to the position of Secretary-Treasurer, for which the section is thankful.

Jim Beaver accepts an award from Chair Steve Simas

The section gratefully acknowledges our two new Executive Committee members for 2006, Bilenda Harris-Ritter and Robert McWhorter, who have infused new ideas. Congratulations to Bilenda on her new appointment as Commissioner at the Board of Parole Hearings.

If you would like to get more involved with this fantastic section, or have ideas for speakers or general topics, please contact Steve Simas at Simas, Hutchison & Morris Ltd., 789-9800.

November/December 2006