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Committee seeks Labor Commission and AG briefing after Court of Appeals says ALJs lack inherent power to dismiss claims as sanctions
Summary
After the Court of Appeals’ ruling in Mayhew v. Labor Commission, the Administrative Rules Review Committee asked the Labor Commission and the attorney general’s office to brief the committee about administrative law judges’ sanctioning and dismissal authority.
After review of the Court of Appeals decision in Mayhew v. Labor Commission, the Rules Review Committee asked the Labor Commission and the attorney general’s office to brief the committee on administrative law judges’ (ALJ) sanction authority and oversight.
Case and issue Office of Legislative Research counsel Chris Williams summarized the Mayhew case: the petitioner filed for a hearing with an ALJ at the Labor Commission over workers’ compensation benefits; after a string of motions and disparaging letters directed at the ALJ, the Commission treated the conduct as sanctionable and dismissed the claim. The Court of Appeals reversed that sanctioning in part, holding the…
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