The two sides in a recent whistleblower complaint concerning the state Office of the Insurance Commissioner are expected to come before a state Senate committee Monday afternoon, in their first public appearance since the complaint began making headlines in May.
Sen. Mike Padden, chair of the Senate Law and Justice Committee, said his panel will work through two other subjects before taking up the newest addition to its agenda, which was prompted by the whistleblower complaint: the independence of hearings officers at state agencies.
That discussion is expected to include remarks from Patricia Petersen, who as the OIC’s chief presiding officer acts as a judge in deciding insurance-related cases. Two deputies from the OIC, which regulates the insurance industry in Washington, also are scheduled to speak (a full list of those expected to address the committee is below).
“As a former judge I am very concerned by Patricia Petersen’s allegation that she was improperly pressured by her supervisor to decide a high-profile case in favor of the agency,” said Padden, R-Spokane Valley, who served on the Spokane County District Court bench from 1995-2007.
“Her complaint needs to be thoroughly investigated; in the meantime our committee will ask the larger questions, beginning with this: how can the independence of our administrative-law judges be protected so the citizens can have confidence in the rulings they make?
“The implications are enormous,” Padden explained, “especially when a hearings officer is essentially deciding which health-care facilities are to be included in a health-care insurer’s network. Then you’re talking, literally, about the choices that families have.”
Three proposals related to the independence of hearings officers will be discussed Monday, said Padden, who noted the work-session agenda was already substantial before the OIC-related issue surfaced.
“The state Supreme Court’s actions related to funding K-12 education have raised serious questions about the constitutional separation of powers between the three branches of state government. The sealing of court records also has been in the news recently. Either of those could have made for a work session by itself,” said Padden.
Since becoming chairman in 2013 Padden has often invited experts from outside the Capitol to address the seven-member law and justice committee by telephone; he will do so again Monday when Gonzaga law professor David DeWolf speaks from Spokane regarding the separation of powers.
“For many people, especially those east of the Cascades and in the northwest and southwest corners of the state, it’s never a simple matter to travel to Olympia, particularly during winter when the Legislature meets. We have the technology that should enable citizens to participate in the lawmaking process without leaving home, and I am pushing hard to make that happen,” said Padden, who has met with the secretary of the Senate about ways to allow more remote testimony.
“I’m hopeful we can make progress this next year on taking testimony by videoconference. Until then, if the only way to hear from an expert such as Professor DeWolf is by using a speakerphone, then we’ll do what it takes to have a better discussion that leads to better decisions,” said Padden.