Administrative law judge

So big news, and it thickens the plot even more.

And hopefully we get some news here relatively soon on the rescheduling front from Derek Julius, the ALJ.

So with that, let's bring him in.

AV, that's a big story that we got here this afternoon.

But like, yeah, I don't know.

This is going to be a really interesting rest of the year, right? Is there a timeline that you guys know about like for when Schedule 3 for recreational or adult use actually might actually go into effect?

As soon as the ALJ comes out and gives us a recommendation, then the shot clock starts.

The problem is right now we're at the step in the process to where there is no time constraint.

And then guess what? If you disagree with that person, then you can go on to another appeal level.

For the Social Security Administration, that's called the ALJ, the Administrative Law Judge.

Unfortunately, it takes about a year to see one of those nowadays.

If you don't get satisfaction there, you can go to what's called the Appeals Council, Falls Church, Virginia.

So you did the initial claim.

You filed the reconsideration.

You had your case with the administrative law judge.

You lost all three times.

But really, this is a great update because we were talking about this earlier this week about clemency.

And where is this topic? And it seems like it's gone to the backseat since all this rescheduling stuff has been talked about with the ALJ and the hearing that took place.

But a great update and some common sense.

And again, if you didn't see that interview from earlier this year that we have with Jerry, make sure to click on that link again in the pinned comment within this video.

Do you think that these will be stonewalled? Do you think that they'll go through? What's your read on whether or not the PUC will approve these lines for?

I think they'll go through because the PUC can either remand back to the ALJ or approve or deny but remember they approved the permian basin reliability plan which is what these three lines are uh these are the import paths in bringing energy into the permian basin you know you've got three of them it's five segments together the one that's been approved had two segments uh that's the northern one then there's the there's the uh the middle path and then the bottom path.

And those are three segments combined between them.

I forget which one is which, but one has been, as you say, the ALJ is denied.

And the second has been kind of tabled for now.

It's one involving CPS Energy and I believe it's Lower Colorado River Authority.

So the administrative law judge recommends and the DEA decides.

That's k- the s- the structure of, of this.

And it's really kind of important to manage your client's expectations here, uh, because, uh, the ALG, the ALJ, rather, runs the hearing but doesn't actually decide the case.

Uh, the judge issues a recommendation at the end, and the DEA administrator then reviews de novo and makes the call.

So think about that for a second, [chuckles] right? The DEA is both the party proposing the rule and the judge of it at the same time.

Uh, so, you know, it's, you know, the situation that we're in right now is a hybrid system, and this was about unifying it all under, um, Schedule III or leaving it in this now status quo of a, a two-part system.

Um, three, that DC Circuit challenge that I mentioned, it's still pending.

And, uh, the DOJ conceded, uh, that there's ALJ removal problem, ALJ removal problems, uh, in related litigation.

So you've gone through two review processes at that point.

Unlike California, which I'm realizing now, is there are limits around how long a ALJ or the board has to issue their determination or decision.

It's usually six months after briefings closed, or they can give themselves a three to six months extension.

So that probably helps with the process a little bit because there actually is a deadline that they have to follow.

In New York, there's really no discovery at the Division of Tax Appeals.

Generally, the first time you get documents is 10 to 30 days before the hearing.

That timeline is set by the ALJ.

There's no depositions unless you request them from the DTA.

Another person at that agency looks at your case, a completely different person, and then they make a decision.

And then if you're denied there, then you can go to the administrative law judge, ALJ.

And unfortunately, that takes about a year to get an appointment, to get a day in court with that person.

And if you're denied there, then you can go to the Appeals Council in Falls Church, Virginia.