delegatemikesmigiel
Member
- Mar 11, 2010
- 5
I have just recently become aware of an improper procedure being followed by the OAH in Appeals taken by the State Police from HPRB hearings.
I believe the State Police believed there was not going to be any HPRB and thus the applicants would be appealing to the OAH. It would then have been the burden of the applicants to show the State Police decisions below were incorrect. Hogan's veto of the bill disbanding the HPRB messed up that plan, for now.
I need to hear from those who won before the HPRB and had the State Police Appeal to the OAH. Was anyone told the burden was on them, the applicant to prove the State Police were incorrect in their decision instead of the burden being placed on the State Police to prove the HPRB was incorrect in its decision to overrule the State Police?
Even if your Appeal date has passed, arguably, applicants should be able to open the Appeal back up. I plan on putting all this on the record for an Appeal to the high court eventually but am wondering how widespread this practice has been. Anyone challenging this improper procedure will need to get a transcript of the hearing and since this is infringing upon the Constitutional Rights of every applicant before the OAH it should be a priority with the Courts.
I'm interested in hearing if others are having this experience.
I believe the State Police believed there was not going to be any HPRB and thus the applicants would be appealing to the OAH. It would then have been the burden of the applicants to show the State Police decisions below were incorrect. Hogan's veto of the bill disbanding the HPRB messed up that plan, for now.
I need to hear from those who won before the HPRB and had the State Police Appeal to the OAH. Was anyone told the burden was on them, the applicant to prove the State Police were incorrect in their decision instead of the burden being placed on the State Police to prove the HPRB was incorrect in its decision to overrule the State Police?
Even if your Appeal date has passed, arguably, applicants should be able to open the Appeal back up. I plan on putting all this on the record for an Appeal to the high court eventually but am wondering how widespread this practice has been. Anyone challenging this improper procedure will need to get a transcript of the hearing and since this is infringing upon the Constitutional Rights of every applicant before the OAH it should be a priority with the Courts.
I'm interested in hearing if others are having this experience.