Committee rejects OMMA rule change on hearing titles; debate focuses on independence

The Senate Committee on Administrative Rules considered SGR 54, which would change OMMA's rule text from "administrative law judge" to "hearing examiner" to match the Administrative Procedures Act. The committee voted 4–5 and the resolution failed.

Adria Berry, OMMA executive director, said the agency already uses contracted ALJs from the Attorney General's Office and that the proposed change is terminological to align the Administrative Code with the APA. Several senators said the change felt insufficient unless the Legislature enshrined a requirement that hearing examiners be contracted externally and independent; Senator Bergstrom offered an amendment to approve the rules contingent on a director commitment to pursue statutory guarantees for contracted examiners, which passed on a separate roll call but the overall resolution later failed.

Opponents cited industry perceptions that internal adjudication can disadvantage regulated businesses and urged statutory protections for independent adjudicators. OMMA committed to cooperate with legislation ensuring contracted examiners but committee members said the rule alone did not provide that statutory protection, and they voted no.