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One Judiciary Square, 441 Fourth Street, NW, Washington, DC 20001-2714 • (202) 442-9094 (P) (202) 442-4789 (F)
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF ADMINISTRATIVE HEARINGS
February 10, 2011
By Electronic Mail and First Class Mail
The Honorable Phil Mendelson
Chairman, Committee on Public Safety and the Judiciary
1350 Pennsylvania Avenue, NW
Washington, DC 20004
Dear Councilmember Mendelson:
In response to your letter of January 20, 2011, I am providing responses to the questions you
posed in connection with the Judiciary Committee’s upcoming oversight hearing on the Office of
Administrative Hearings.
1. Please provide, as an attachment to your answers, a current organizational chart for the
agency with the number of vacant and filled FTE’s marked on each box. Include the
names of all senior personnel, if applicable. Also include the effective date on the chart.
Please see the attached OAH organization chart (effective February 2011).
2. Please provide, as an attachment, a Schedule A for the agency, which identifies all
employees by title/position, current salaries, fringe benefits, and program office, as of
January 15, 2011. This Schedule A should also indicate any vacant positions in the
agency. Please do not include social security numbers.
Please see the attached OAH Schedule A (effective January 15, 2011).
3. For fiscal year 2010 and fiscal year 2011, please list each employee whose salary was/is
$110,000 or more. Provide the name, position title, and salary. For fiscal year 2010, also
state the amount of all overtime and bonus pay for each employee on the list.
Name Position Title FY10 Salary FY10 Overtime/
Bonus FY11 Salary
Mary Oates Walker Chief ALJ
(01/10-Present) $ 150,000 $ 0 $ 150,000
Tyrone Butler Chief ALJ
(through 12/09) $ 150,000 $ 0 N/A
Yohance Fuller Executive Director and
Clerk of Court (01/11-Present)
N/A $ 0 $ 138,550
Committee on Public Safety and the Judiciary
February 10, 2011
Page 2 of 12
Name Position Title FY10 Salary FY10 Overtime/
Bonus FY11 Salary
Sherri Beatty-Arthur Executive Director and
Clerk of Court (06/10 -12/10)
$ 138,550 $ 0 $ 138,550
Mark Poindexter Deputy Chief ALJ $ 138,550 $ 0 $ 138,550
Kiyo Oden General Counsel
(10/10-Present) N/A $ 0 $ 120,000
Beverly Rivers General Counsel
(through 09/10) $ 110,000 $ 0 N/A
John Dean Principal ALJ $ 133,000 $ 0 $ 133,000
Louis Burnett Principal ALJ $ 133,000 $ 0 $ 133,000
Jennifer Long Principal ALJ $ 133,000 $ 0 $ 133,000
Ann Yahner Principal ALJ $ 133,000 $ 0 $ 133,000
William England Principal ALJ $ 133,000 $ 0 $ 133,000
Claudia Crichlow Principal ALJ (through 09/10)
$ 133,000 $ 0 $ 129,325
Samuel McClendon Principal ALJ $ 133,000 $ 0 $ 133,000
Paul Handy ALJ $ 129,325 $ 0 $ 129,325
Calonette McDonald ALJ $ 129,325 $ 0 $ 129,325
Denise Wilson-Taylor ALJ $ 129,325 $ 0 $ 129,325
Robert Sharkey ALJ $ 129,325 $ 0 $ 129,325
James Harmon ALJ $ 129,325 $ 0 $ 129,325
E. Savannah Little ALJ $ 129,325 $ 0 $ 129,325
Steven Wellner ALJ $ 129,325 $ 0 $ 129,325
Caryn Hines ALJ $ 129,325 $ 0 $ 129,325
Jesse Goode ALJ $ 129,325 $ 0 $ 129,325
Claudia Barber ALJ $ 129,325 $ 0 $ 129,325
Audrey Jenkins ALJ $ 129,325 $ 0 $ 129,325
Wanda Tucker ALJ $ 129,325 $ 0 $ 129,325
Mary Masulla ALJ $ 129,325 $ 0 $ 129,325
Joan Davenport ALJ $ 129,325 $ 0 $ 129,325
Scott Harvey ALJ $ 129,325 $ 0 $ 129,325
Nicholas Cobbs ALJ $ 129,325 $ 0 $ 129,325
Sharon Goodie ALJ $ 129,325 $ 0 $ 129,325
John Rooney ALJ $ 129,325 $ 0 $ 129,325
Arabella Teal ALJ $ 129,325 $ 0 $ 129,325
Erika Pierson ALJ $ 129,325 $ 0 $ 129,325
Margaret Mangan ALJ $ 129,325 $ 0 $ 129,325
Committee on Public Safety and the Judiciary
February 10, 2011
Page 3 of 12
Name Position Title FY10 Salary FY10 Overtime/
Bonus FY11 Salary
Elizabeth Figueroa ALJ $ 129,325 $ 0 $ 129,325
Beverly Nash ALJ $ 129,325 $ 0 $ 129,325
4. In order to help the Committee to understand agency needs, and the cost of those needs,
for your agency, please provide as an attachment to your answers all budget enhancement
requests (sometimes called “Form B”) submitted by your agency to the Mayor or CFO in
preparation of the budgets for Fiscal years 2008, 2009, 2010, 2011, and 2012.
Please see the attached enhancement requests.
5. Please list every reprogramming in fiscal year 2010 and fiscal year 2011 to date of funds
into and out of the agency. Include a “bottom line” – the revised, final budget for your
agency. For each reprogramming, list the date, the amount, the rationale, and the
reprogramming number.
None.
6. Please list each grant or sub-grant received by your agency in fiscal year 2010 and FY
2011 to date. List the date, amount, and purpose of the grant or sub-grant received.
None.
7. Please list all currently open capital projects for the agency. Include a brief description of
each, the total estimated costs, current expenditures, the start and completion dates, and
the current status of the project. Also indicate which projects are experiencing delays.
None.
8. Please list all pending lawsuits that name the agency as a party. Please identify which
cases on the list are lawsuits that potentially expose the city to significant liability in
terms of money and/or change in practices. For those identified, please include an
explanation about the issues for each case and the extent of the city’s liability (note: we
are not asking for your judgment as to the city’s liability; rather, we are asking about the
extent of the claim).
None.
9. Please list the following information in table format regarding the agency’s use of
SmartPay (credit) cards for agency purchases: individuals (by name) authorized to use the
cards in fiscal years 2009, 2010 and 2011 to date; purchase limits (per person, per day,
etc.); total spent in fiscal years 2009, 2010, and 2011 to date utilizing these cards (by
person and for the agency).
Committee on Public Safety and the Judiciary
February 10, 2011
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Name Purchase Limit: Daily / Monthly
FY09 FY10 FY11
(through 2/1/11)
Michael Williams $2,500/$10,000 $8,000 Closed Closed
Darrell Donnelly $2,500/$10,000 $32,438 $10,585 Closed
Tyrone Butler $2,500/$10,000 $3,000 Closed Closed
Paul Handy $2,500/$10,000 $10,074 $0 $0
Sherri Beatty-Arthur $2,500/$10,000 N/A $8,677 $6,989
Maryann Carroll $2,500/$10,000 N/A N/A $1,749
10. (a) In table format, please provide the following information for fiscal years 2009, 2010,
and thus far in 2011, regarding your agency’s use of cellular phones and mobile devices:
individuals (by name and title/position) authorized to carry and use such devices; total
expense (FY) for each individual’s use; justification for such use (per person).
Name Position Justification FY09 FY10 FY11
(through 2/1/11)
Mary Oates Walker Chief ALJ Critical Contact N/A $675 $200
Tyrone Butler Chief ALJ
(through 12/09) Critical Contact $1,052 $253 N/A
Mark Poindexter Deputy Chief ALJ Critical Contact $1,052 $703 $200
John Dean Principal ALJ Critical Contact $1,052 $703 $200
Beverly Rivers General Counsel
(through 09/10) Critical Contact $985 $703 N/A
Janet Mahon Principal ALJ (through 10/09)
Critical Contact $276 N/A N/A
Louis Burnett Principal ALJ Critical Contact N/A $703 $200
Jennifer Long Principal ALJ Critical Contact $985 $703 $200
Ann Yahner Principal ALJ Critical Contact N/A $675 $200
Darrell Donnelly Clerk of Court
(through 7/10) Critical Contact $985 $603 N/A
Michael Williams Executive Director
(through 12/09) Critical Contact $1,052 $253 N/A
LaKisha Hill Supervisory Legal
Assistant (through 10/10)
Critical Contact $985 $703 $50
Marc McLaughlin Program Analyst
(through 07/10) Critical Contact $985 $603 N/A
Phillip Fauci Information
Technology Critical Contact $985 $703 $200
Cynthia Stevenson Human Resources Critical Contact N/A $603 N/A
Committee on Public Safety and the Judiciary
February 10, 2011
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Name Position Justification FY09 FY10 FY11
(through 2/1/11)
Linda Bussey Lead Clerk Critical Contact N/A $453 N/A
Tanya Brinkley Supervisory Legal
Assistant Critical Contact N/A $404 $150
Starr Gantt Lead Clerk Critical Contact N/A $304 N/A
Lonneshia Ross Lead Clerk Critical Contact N/A $204 N/A
Brandon Weaver Clerk Critical Contact N/A $304 N/A
Anthony Iwobi Fiscal Officer Critical Contact N/A $603 N/A
Anita Dawson Executive Assistant Critical Contact $253 $453 N/A
Sherri Beatty-Arthur Executive Director
and Clerk of Court (through 12/10)
Critical Contact N/A $200 $150
Yohance Fuller Executive Director
and Clerk of Court Critical Contact N/A N/A $50
William England Principal ALJ Critical Contact N/A $350 $200
Karim Marshall Capital City Fellow Critical Contact N/A N/A $100
Samuel McClendon Principal ALJ Critical Contact N/A N/A $150
Kiyo Oden General Counsel Critical Contact N/A N/A $200
(b) How does your agency manage and limit its phone costs, including cellular phones
and mobile devices?
In April 2010, OAH reduced the number of cell phones from 20 to 12, which resulted in a
savings of approximately $4,750. That number increased by 1 in FY11 because the agency
acquired a Capital City Fellow to coordinate our Language Access Program. The added phone is
used to coordinate schedules with interpreters, contractors and sister agency resources outside of
normal business hours.
11. (a) Does your agency have/use a government vehicle? If so, for fiscal years 2009, 2010,
and thus far in 2011, please list all vehicles. You may group the vehicles by category
(e.g., 15 engines, 33 marked cruisers, three transport buses).
Not applicable.
(b) Please list all vehicle accidents involving your agency’s vehicles for fiscal years
2009, 2010, and thus far in 2011. Provide: 1) a brief description of each accident; 2) the
type of vehicle involved, 3) the justification for using such vehicle, and 4) the name and
title/position of the driver involved.
None.
Committee on Public Safety and the Judiciary
February 10, 2011
Page 6 of 12
12. In table format, please provide the following information for fiscal years 2009, 2010, and
thus far for 2011 regarding your agency’s authorization of employee travel: individuals
(by name and title/position) authorized to travel outside the District; total expense for
each trip (per person, per trip, etc.); and justification for the travel (per person).
The OAH Act requires that ALJs participate in continuing legal education opportunities for their
professional development which, in turn, helps them better serve the District. See generally D.C.
Official Code §§ 2-1831.03(a)(4) and 2-1831.09(a)(1). It is OAH policy to allow ALJs and other
staff limited administrative leave for approved travel and training. In FY10 and FY11, no
funding for training was available.
Name Title FY09 Travel
Expenditure
Professional Development
Justification
Erika Pierson ALJ $400 National Judicial College
Margaret Mangan ALJ $400 National Judicial College
Elizabeth Figueroa ALJ $400 National Judicial College
Claudia Barber ALJ $400 National Association of Women Judges
(NAWJ) Annual Conference
Joan Davenport ALJ $400 ABA Advanced Mediation
Janet Mahon Principal ALJ $905 ABA Mid-Year Meeting
Tyrone Butler Chief ALJ $0
(self-financed) ABA Mid-Year Meeting
Beverly Rivers General Counsel $780
National Bar Association
Judicial Council & Board of Governors
Mid-Winter Meeting
Jennifer Long Principal ALJ $488 National Bar Association
Judicial Council & Board of Governors
Janet Mahon Principal ALJ $0
(self-financed) National Bar Association
Judicial Council & Board of Governors
Lou Burnett ALJ $301 National Judicial College
Beverly Nash ALJ $400 NAWJ Conference
Robert Sharkey ALJ $400 American Bar Assn. Chicago
Denise Wilson-Taylor ALJ $186 National Assn. of Administrative Law
Judiciary (NAALJ) Conference
James Harmon ALJ $800
($400 donated by
ALJ McDonald)
National Judicial College
E. Savannah Little ALJ $400 LAWriters Training
John Dean Principal ALJ $377 Central Panel Directors Conference
Mark Poindexter Deputy Chief ALJ $0
(self-financed) Central Panel Directors Conference
Mark Poindexter Deputy Chief ALJ $0
(scholarship) National Judicial College
Faculty Training
Tyrone Butler Chief ALJ $0
(self-financed) Central Panel Directors Conference
Committee on Public Safety and the Judiciary
February 10, 2011
Page 7 of 12
Name Title FY10 Travel
Expenditure
Professional Development
Justification
Mark Poindexter Deputy Chief ALJ $0
(self-financed/
reimbursed)
National Judicial College
Faculty Training
Nicholas Cobbs ALJ $0
(self-financed/
partial scholarship) NAALJ Conference
Beverly Nash ALJ $0
(self-financed) NAWJ Conference
Beverly Nash ALJ $0
(self-financed/
partially reimbursed) NAALJ Conference
Audrey Jenkins ALJ $0
(self-financed) NAALJ Conference
Margaret Mangan ALJ $0
(self-financed) NAWJ Conference
Claudia Barber ALJ $0
(self-financed) NAALJ Conference
Joan Davenport ALJ $0
(self-financed) NAALJ Conference
Joan Davenport ALJ $0
(self-financed) ABA Mid-year Conference
Beverly Rivers General Counsel $0
(self-financed) NAALJ Conference
E. Savannah Little ALJ $0
(self-financed) NAALJ Conference
E. Savannah Little ALJ $0
(self-financed) ABA Mediation Training
Caryn Hines ALJ $0
(self-financed) National Judicial College
Jennifer Long ALJ $0
(self-financed)
National Bar Association
Judicial Council & Board of
Governors
Jennifer Long PALJ $0
(self-financed) National Bar Association
International (Ghana)
Beverly Nash ALJ $0
(self-financed) International Association of
Women Judges (Korea)
Beverly Nash ALJ $0
(self-financed) NAALJ Conference
Mark Poindexter Deputy Chief ALJ $0
(self-financed) National Assoc. of Workers Comp
Judiciary College
Erika Pierson ALJ $0
(self-financed) Advanced Administrative Law
Savannah Little ALJ $0
(self-financed) ABA Annual Meeting
Committee on Public Safety and the Judiciary
February 10, 2011
Page 8 of 12
Name Title FY11 Travel
Expenditure (through 2/1/11)
Professional Development
Justification
Paul Handy ALJ $0
(self-financed) NAALJ Conference-CA
Margaret Mangan ALJ $0
(self-financed) NAWJ Conference-CA
Beverly Nash ALJ $0
(self-financed) NAALJ Conference
Beverly Nash ALJ $0
(self-financed) NAWJ Conference
Ann Yahner Principal ALJ $0
(self-financed) Unemployment Insurance Directors
Conference
Mary Masulla ALJ $0
(self-financed) NAALJ Conference
Nicholas Cobbs ALJ $0
(self-financed) NAALJ Conference
Louis Burnett Principal ALJ $0
(self-financed) NAALJ Conference
Savannah Little ALJ $0
(self-financed) NAALJ Conference
Joan Davenport ALJ $0
(self-financed) NAALJ Conference
Claudia Barber ALJ $0
(self-financed) Bar to Bench Conference
13. Please provide the current number of contract personnel and term personnel within your
agency. If your agency employs contract or term personnel, please provide, in table
format, the name of each employee, position title, the length of their term or contract, and
the date on which their term expires.
Name Title Term Expiration Date
Maryann Carroll Program Analyst 13 months 09/28/11
Lura Johnson Information Receptionist 12 months 06/21/11
Rodney Coffer Legal Assistant 13 months 11/24/11
Tyrell Lane Legal Assistant 13 months 11/11/11
Arlette Harris Law Clerk 12 months 10/12/11
Jessica Sinkfield Law Clerk 12 months 10/12/11
14. Please provide, as an attachment, a copy of your agency’s annual performance plan as
submitted to the Office of the City Administrator.
Please see the attached FY10 performance plan.
Committee on Public Safety and the Judiciary
February 10, 2011
Page 9 of 12
15. What are your top five priorities for the agency? Please provide a detailed explanation
for how the agency expects to achieve or work towards these priorities in fiscal years
2011 and 2012.
The top five priorities for OAH are as follows:
1) Addressing operations needs for the new consolidated court facility;
2) Improving Access to Justice;
3) Creating better efficiencies in case management and processing;
4) Expanding the OAH mediation program; and
5) Developing OAH personnel and expanding recruitment methodologies for interns and
volunteer staff.
►Operations Needs in Consolidated Space
In March 2010, DRES relocated OAH’s offices at 825 and 941 North Capitol Street to swing-
space on the 10th
floor of One Judiciary Square (OJS), pending the build-out of our consolidated
court facility on the 4th
floor of OJS. Construction proceeded in two phases as a result of the
need to relocate and design new facilities for the current 4th
floor tenant.
Phase 1 of the construction project for OAH’s consolidated space is now almost complete. Phase
1 consists of 11 Hearing Rooms, 30 Private Offices, 34 Workstations, 4 Conference Rooms, a
Cashier and a Resource Center focusing on the Access to Justice needs of self-represented
litigants (please see below). Phase 2 of the project is scheduled to be completed in July 2011.
Phase 2 houses the remaining 10 Hearing Rooms and 15 Private Offices. So as to minimize the
disruption to OAH’s operations and the impact on the public, DRES has agreed to consolidate
OAH’s operations upon the completion of Phase 2.
OAH’s current operations model is largely a product of our having had multiple office locations
over the years, with each location “specializing” in certain jurisdictions. A consolidated hearing
facility permits greater opportunities for staff to become proficient in many, if not all
jurisdictions adjudicated at OAH. We have already begun the necessary cross-training to ready
judicial and non-judicial staff for this shift, most notably conducting training sessions in
Department of Public Works cases and the OAH revised procedural rules for all staff. In FY11
and FY12 we will continue these cross-training modules to ensure staff are prepared to support
multiple jurisdictions.
The consolidated hearing facility will also result in more efficient operations. The relocation to
consolidated space presents opportunities with regard to operations issues such as information
technology integration, library resources, mail processing and distribution, cashiering, and case
scheduling. To address these issues, we are reviewing best practices in other court systems,
soliciting stakeholder input, and convening strategic planning sessions with all levels of staff for
input. We expect these efforts to continue through FY12 as OAH adjusts to its new operational
framework, and makes adjustments accordingly.
Committee on Public Safety and the Judiciary
February 10, 2011
Page 10 of 12
►Access to Justice
With the assistance of our stakeholders, OAH has made significant progress in addressing the
Access to Justice needs of the public in FY10 and in FY11 to date. Examples include:
Collaborating with more than 40 stakeholders in undertaking a complete revision of the
OAH Procedural Rules to make the rules more understandable and user-friendly;
With the assistance of this Committee, hiring in-person Spanish Interpreters who are on-
site 2 days per week, as well as networking through The Language Doctors and the DC
Office of Disability Rights to have on-site interpreters for other languages, including
American Sign Language, as needed;
Through the OAH Pro Bono Committee and our Capital City Fellow, coordinating the
development of fact sheets and brochures for the OAH Resource Center as well as
recruiting volunteer staff to assist self-represented litigants;
Working with the DC Office of Cable Television to develop videos on what to expect at
an OAH hearing and how to prepare for hearings. These videos will be available on
OAH’s website and in the OAH Resource Center; and
Launching a new OAH website format this spring that will include writable forms and
published decisions in each jurisdiction.
OAH will continue developing these initiatives in FY11 and FY12, with special emphasis on
ensuring that the new OAH Resource Center is fully-staffed and operational, and provides
helpful and appropriate guidance to self-represented litigants and others in need of information
about OAH. Through regular meetings and information exchanges, we will continue to work
closely with the Access to Justice Commission, Legal Aid Society and others who have already
provided invaluable insight into the needs of the self-represented.
►Case Management and Processing
Eliminating our backlog and continuing to reduce case cycle times is a top priority for OAH.
Approximately 26,000 new cases were filed with OAH in FY10. The enforcement agencies have
advised OAH to expect substantial increases in FY11, particularly in illegal construction, vacant
property registration and SWEEP cases. We have begun to see increases in those areas. Despite
historical shortages in support staff and significant increases in case filings over the past few
years, OAH aggressively reduced its backlog this past year. Our new case management system,
which was implemented in 1QFY10, provides for better case tracking and reporting. Based on
this information, we launched Operation Clean Slate in 2QFY10. The goal of Operation Clean
Slate was to eliminate by the end of Fiscal Year 2010 all pending cases filed though March, 2010
that were ready for a final decision.
The Operation Clean Slate initiative was a great success. From June 2010 through January 2011,
OAH reduced its open and pending cases by approximately 14,800 cases, or 82%. OAH expects
Committee on Public Safety and the Judiciary
February 10, 2011
Page 11 of 12
to resolve most of the remaining cases in large groupings through consolidated hearings and
mediation within the next quarter.
We also expect to launch as a pilot in FY11 the process of generating “bench orders” in certain
cases with common fact-patterns, e.g., where a party bearing the burden of proof fails to appear;
or where a party amends its plea from Deny to Admit with Explanation. Rather than issuing and
serving a decision after the Administrative Law Judge leaves the bench, bench orders would be
generated immediately at the conclusion of the hearing. Parties found to be liable could then
take that order to the OAH Cashier’s office and immediately make payment. Such a process
should significantly reduce case cycle and payment time, as well as allow judges more time to
write those decisions which are not suitable for a bench order. Coordinating the personnel,
information technology and financial regulatory components for the bench order initiative is a
top priority for OAH in FY11 and FY12.
►Mediation
Increasing the use of alternative dispute resolution as an efficient way of resolving cases is
another priority for OAH in FY11, FY12 and beyond. OAH opened its new Mediation Center in
August 2010. The Mediation Center is located on the 7th floor of OJS, and has conference and
break-out facilities for participants. The revised OAH Procedural Rules now permit directed
mediation in all jurisdictions, so we anticipate an increase in the use of mediation. Towards that
end, the OAH Mediation Committee is developing forms and other resources to make the
mediation process an efficient alternative to a full evidentiary hearing.
In the quarter since the opening of the Mediation Center, OAH quintupled its case resolution
rate, from 1.8% to 10.4%, due to mediation. In addition, OAH has been in discussions with the
DC Department of Insurance, Securities and Banking to offer any assistance DISB may need
with regard to conducting mediations under the District’s 2010 Saving Homes from Foreclosure
legislation.
Our continued efforts in this area for FY11 and FY12 include ensuring that the Mediation Center
has adequate staffing and equipment for the increased usage. In addition, we will be redoubling
our efforts to partner with sources for outside mediation services so that this mediation initiative
in no way detracts from our core mission of fair and efficient adjudication.
►OAH Personnel Development and Expanding Recruitment
Although funding is no longer available, developing and training our staff for all of the initiatives
outlined above remains a top priority for FY11 and FY12. Towards that end, we have instituted
regular training sessions for support staff on such topics as the OAH procedural rules, addressing
language access issues, and distinguishing between assistance with procedures and legal advice.
For our judges and legal staff, we have conducted a day-long presentation on legal writing and
making decisions understandable; held cross-training modules in Department of Public Works
cases; as well as organized an OAH Lecture Series on important legal issues of the day.
In addition, the OAH Recruiting Committee continues to develop networks with law schools in
the District and across the country for term and summer legal intern assistance. Much of the
Committee on Public Safety and the Judiciary
February 10, 2011
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progress OAH made in clearing its backlog this summer is directly attributable to intern
assistance. Recruiting other volunteer assistance, including lawyers, for staffing the OAH
Resource Center as well as assisting in the retention of representation for litigants who are
unable to afford counsel is also a top priority for FY11 and FY12. Building upon and expanding
OAH’s current networks among its public and private stakeholders will be a key component in
addressing this priority.
If you have any questions or need additional information, please do not hesitate to contact
me at 442-9099.
Very truly yours,
Mary Oates Walker
Chief Administrative Law Judge
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