M= Mandatory, E=Elective, S=Specialized

Using Demeanor Evidence to Determine Facts (M)

This session discusses the nature, history, and use of demeanor evidence to determine witness credibility in fact-finding by administrative adjudicators, analyzes credibility determinations involving demeanor evidence in the written decisions of
adjudicators, and examines the use of demeanor evidence using hypotheticals drawn from administrative hearings.
 

Recent Developments in Administrative Law (M)

On March 21, in Perez v. Sturgis Public Schools, the U.S. Supreme decided, in a unanimous decision, that nothing in Section 1415(l) of the Individuals With Disabilities Education Act, would preclude a disabled student from suing his school for damages over profound lapses in his education. In West Virginia v. EPA, the U.S. Supreme Court mandated that administrative agencies must point to clear legislative endorsement for the authority claimed when deciding “major questions”. Do you know when and whether the issues before you are “major questions”? Agencies have long relied on the deference afforded by Chevron USA Inc. V. Natural Resources Defense Council, but appellate courts have recently opined that the Chevron doctrine applies rarely and narrowly. Do you know under what circumstances it may or may not in your hearings? In Lucia v. SEC, the U.S. Supreme Court held that some ALJs lacked the proper authority to decide certain cases. Might the same logic be applied to state or local administrative adjudicators or to adjudicators hired on a case-by-case/hourly basis? U.S. Supreme Court decisions can impact how we do what we do. Do you know when and how? This thought-provoking class will provide context and understanding to grasp these valuable concepts

Developing & Preserving the Record for Review (M)

A dispute was settled by a hearing. A party to the dispute did not like the outcome. Due process demands there be a means of review for the dissatisfied party. The reviewing entity can’t speculate regarding whether the adjudicator determined the case correctly. They must rely upon the record of the hearing to determine whether the facts found by the adjudicator were supported by the evidence presented. All adjudicators should know how to properly develop and preserve the hearing record.
Supplemental written materials for all virtual sessions will be available to registrants on the NAHO website through May 31.