In order to ensure the separation of hearing and program functions, and to ensure the impartiality of the Office of Administrative Hearings, a new structure will be implemented for the Office of Administrative Hearings. The position of Associate Commissioner for Administrative Hearings has been created, and I will shortly begin recruiting to fill that position. In the interim, the Bureau of Fair Hearings will continue to be supervised by Acting Deputy Counsel Russell Hanks, who will report directly to me effective today. The Bureau of Special Hearings will continue to be supervised by Deputy Counsel Peter Mullany who will also report directly to me. Previously, Russell and Peter had reported through John Robitzek, who was the Acting First Deputy Counsel. A new position of Associate Commissioner for Legal Affairs has been created and John will serve in that capacity. The Executive Order requires that this separation of functions occur and this revised reporting structure satisfies that requirement.

     The second change in the Office of Administrative Hearings practice required by the Order concerns the issuance of hearing decisions. In those rare circumstances where a decision is issued which includes findings of fact or conclusions of law which conflict with the findings, conclusions, or recommended decision of the hearing officer, the reasons why a conflicting decision was reached nrust be set forth in the decision. Nothing in the Order precludes a supervisor from giving legal advice or guidance to a hearing officer where the supervisor determines that such advice or guidance is appropriate to assure that decisions meet the quality standards of the Department and are consistent and legally sound. The reasons for reaching a conflicting decision must be set forth only in those rare instances where, despite being advised that an error of fact or law or other error has been revealed by a review of the hearing transcript and the recommended decision, the hearing officer fails to make necessary changes to the decision and the Commissioner's designee must make the changes. In all other respects the practices and procedures of our office meet or exceed the requirements of the Order and no other changes in practice or procedure will be implemented.