Bill
Number: H.B. 2182
Leach
Floor Amendment
Reference
to: House engrossed bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Reinserts the exemption
for adjudicative hearings from adherence to the rules of evidence required in
judicial proceedings.
2. Reinserts the
specification that, if certain conditions are met, the following are not
grounds for reversing an administrative decision or order from an adjudicative
or administrative hearing:
a)
the
manner of conducting the hearing; or
b)
a
failure to adhere to the rules of evidence.
3. Allows adjudicative
hearings to be conducted in an informal manner if the agency is determining
eligibility for a medical or welfare program.
4. Prohibits a party from
objecting to the use of an informal adjudicative hearing held to determine
eligibility for a medical or welfare program.
5. Removes language
allowing the presiding officer in a state agency administrative hearing to
allow individuals other than the parties to offer written or oral comments on
the issues of the hearing.
6. Exempts statutory
licenses and permits from the requirement that a state agency specify criteria
for approval in clear and unambiguous language.
7. Specifies that
applications for licenses and permits are not automatically deemed approved due
to inaction by a state agency if the application is incomplete and the
applicant fails to correct the deficiency after notification by the state agency.
8. Makes technical and
conforming changes.
Page 1, line 41, strike "and
without"
Strike lines
42 through 45
Page 2,
strike line 1
Line 2,
strike "and probative." insert "and without
adherence to the rules of evidence required in judicial
proceedings. Neither The manner of conducting
the hearing nor or the failure to
adhere to the rules of evidence required in judicial proceedings shall
be is not grounds for reversing any administrative
decision or order providing if the
evidence supporting such the decision
or order is substantial, reliable, and probative. A hearing may be conducted in an informal manner"; after
"if" insert "any of the
following is true:
(a)";
strike the comma insert ".
(b)"
Line 3,
strike the comma insert ".
(c) The
agency is determining eligibility for a medical or welfare program.
(d)"
Line 4,
strike "or" insert ".
(e)"
Line 5,
after the period insert:
"2."
Renumber to
conform
Line 6, strike
"agency's"
Line 7,
after the period insert "Except for determining eligibility
for a medical or welfare program, a party may object to the use of an informal
hearing."
Page
4, strike lines 7 through 12
Line
13, strike "reliable and probative." insert:
"1. A
hearing may be conducted in an informal manner and without adherence to the
rules of evidence required in judicial proceedings. Neither
The manner of conducting the hearing nor or
the failure to adhere to the rules of evidence required in judicial
proceedings is not grounds for reversing any
administrative decision or order if the evidence supporting the decision or
order is substantial, reliable and probative."
Line 14,
strike ", and may allow others,"
Page 5, line
29, after "required" insert ", other than by staTute,"
Line 41,
after "permit" insert "for
constitutionally protected activity"
Line 44,
after "approved" insert "unless
the application is incomplete, and the applicant, after being notified of the
deficiency, fails to correct the deficiency"
Amend title to conform