In Re Kallen

The opinion of the Court was delivered by

GARIBALDI, J.

This case raises the important issue of the relationship between state administrative agencies and the Office of Administrative Law (“OAL”) in the conduct of contested cases. Specifically, does an administrative law judge have the authority to refuse an Order of Remand from an agency head issued for the purpose of admitting evidence that was not presented at the initial hearing?

The Director of Motor Vehicles, relying on evidence produced on remand before an administrative law judge, suspended for 90 days the driving privileges of…