One of the most confusing parts of licensing law is the concept of “who makes the final decision?”  Even though licensees have the right to an administrative hearing before they are disciplined in any way by the agency, the written result of hearing is called the “proposed decision” and doesn’t become final until the agency

Lawyers accustomed to the impartiality and significant due process protections of Superior Court often fail to understand who the decision makers are and how decisions are made in license discipline litigation. Administrative law requires a “Goldilocks” approach.
Continue Reading Separation of Powers in Licensing Law: Are My Prosecutor and Judge the Same Person?