CH 3: STATE ADJUDICATIONS

Federal Adj. Model® ALJ's exist within the specific agency & their decisions are ________ by the agency itself, which allows the agency to control ______.

Central Panel Model" Adopted by Some States® ALJ's exist within a "________________________" separate from the specific agency and thus the agency must be represented by a prosecutor.

Legal Effect of a CPM ALJ Decision- 3 possible effects depending on the state:

(1) ALJ issues the _____ decision but the agency may ______/_____ it;

(2) ALJ may bind the agency on the _____ but not the _______, & ________ may be appealed to court by the agency;

(3) Wooley- LA is the only state to allow ALJs to issue _______ rulings that ______ the agency on facts and law & can't be appealed.

The McCarron-Ferguson Act preserved state authority to regulate ___________ with the exception of ______ _________ ________ regulation, such as (ERISA /Affordable Care Act).

LA's _____________________® the DAL shall handle all adjudications required under the LA APA;

ALJ shall issue the ________ decision & the agency shall have no authority to _______ the decision or to seek judicial review (the other party can though).

Control of the LA DAL - __________ shall appoint, with _____ confirmation, the director of the DAL who shall employ the ALJs; (the insurance commissioner loses control over insurance adjudications).

Wooley v. State Farm®. Quasi-_________ Doesn't Infringe on Art. 5 Judges®

Adjudication somewhere between ________ and _________ (no discretion) is not an infringement on art. 5 judges right to adjudication.

Wooley v. State Farm®
ALJs Don't Violate Constitutional Mandate of an Elected Judiciary® because ALJs do not exercise _________ power (they exercise _______________ power).
they do not have to be __________.

Wooley v. State Farm® Reserved for LA Art. 5 Courts®

LA constitution grants original jurisdiction of all _______ and ________ matters;
US constitution only grants original jurisdiction to the _______ Court/everything else is granted by ________.

Wooley v. State Farm®LA Test for Proper Subjects of Agency Adjudication®
Moore v. Roemer - to determine if a subject is reserved to the art. 5 courts, a court must ask: (1) is the subject addressed by ______ and (2) is the subject a _________ civil law matter

Wooley v. State Farm® Workers Compensation System Exception® after the holding in Moore which found that workers comp claims were reserved to art. 5 judges because they were traditionally rooted in tort, the legislature passed a constitutional amendment to move jurisdiction to the ALJs

Wooley Holdings®
§Insurance regulation is not a traditional _____ or ______ matter; thus it is not reserved to the district court.
§The ______________ can change the powers of the Insurance Commissioner.
§ALJs make ________________ law rulings that are not subject to _______ and don't have the force of law.
§Central Panels don't violate __________ of powers because the ALJs don't issue ___________, ________ decisions.
§Res Judicata doesn't apply to ______ rulings.

Wooley v. State Farm® Effect of an ALJ Decision®

ALJs make administrative law rulings that are not subject to enforcement and do not have the force of law; the agency itself still makes _________; not a valid _______ judgement for purposes of res judicata either.

Bonvillian® A writ of mandamus may be sought as a remedy of _____ resort to compel an agency to perform a _________ duty (an established duty with no elements of discretion) ONLY where there is: (1) alleged ______, (2) ______ to impartially fulfill duties, or (3) where the _____ involved in obtaining ordinary relief would cause ________.

Bonvillian® Issuing a License is ______________, Not Ministerial®

The decision to issue a license is discretionary and not subject to a writ of ________; The ALJ's ruling does not have the effect of making a licensing decision ministerial & this is supported by the Wooley decision that the ALJ's decisions are not _____ for purposes of res judicata.

Bonvillian® Must Use ____________/Injunctive Relief to Enforce an ALJs Decision® rather than using a writ of mandamus, must use a lawsuit for __________ against the agency to enforce the ALJs decision could work.

Bonvillian® · Amended La. R.S. 49:992(B)(2)® amended to fix the Wooley issue by stating: "upon the issuance of such a final decision or order the agency or any official thereof shall _____ fully with the final order or decision of the ____."

Bonvillian®· Bonvillian II Holding/Problem® court said that this statutory amendment means that the ALJs decisions become a ______, enforceable order, but it ignores the reasoning in Wooley based on the constitutional violations.