How do I appeal any disciplinary or state employer action filed against me as a state employee?

What do I have to prove for any administrative appeal?

Submitted by professional license defense lawyer, Jeffrey Hark.

I have written numerous blogs on the subject in the past and outlined this very important issue. First of all, you have to understand any appeal of any action taken by any department of the state government proceeds through executive branch administrative departments. Once any of the executive branch agencies or cabinet departments renders a decision the employee, if he or she intends to continue to fight, appeals to in an Administrative Law Judge as a matter of procedure. Once the case is in front of the ALJ  there is a presumption that the agency action is appropriate. The appealing party must present sufficient evidence to show that the administrative agency such as DMV, Department of Consumer Affairs and all of its Boards of nursing, medical board, professional boards, acted in an arbitrary and capricious matter and abused their discretion.  It is a very high burden however this is where you present any and all evidence you have and attempt to persuade the executive branch department prior to a decision being issued.

On appeal any evidence has to be presented to the ALJ in a systematic and complete manner. Once that is done the judge has to make a ruling including a specific findings of fact and conclusions of law. Regardless on who’s side the judge determined he still has to make a factual record and a determination as a matter of law regarding the administrative body‘s actions. In order to fight this, the licensee or employee must present sufficient evidence to overcome the substantial burden that the state agency acted in the appropriate manner. This significant “arbitrate capricious” burden is a substantial hurdle to be successful in front of an ALJ.

The appellate court in this case the ruled that the ALJ failed to make a sufficient record of his findings of fact and then relate them to the conclusions of law regarding the element of the offense is presented in this employment disciplinary action. As a result, the case was remanded back to the ALJ to make a more sufficient finding a fact and conclusions of law regarding the elements of the disciplinary action.  The appellate court did this because without that recitation of the facts and applicable law there was nothing for the appellate panel to review and determine if the ALJ performed it statutory job.

It’s a very complicated issue. If you have any questions regarding any type of a appeal from any state action including any nursing board, medical board, dental board, professional board, please call Hark and Hark so we can assist you in successfully arguing your case and preserving your board and licensure rights.

Jeffrey S. Hark, Esq.
609-471-1959. Cell
856-354-0050 Office