03/17/2020 03:30 PM Senate STATE AFFAIRS

            SB 88-OFFICE OF ADMINISTRATIVE HEARINGS                                                                         
                                                                                                                                
3:44:47 PM                                                                                                                    
CHAIR REVAK  announced the consideration  of SENATE BILL  NO. 88,                                                               
"An  Act  relating  to the  office  of  administrative  hearings;                                                               
relating to  the types  of proceedings handled  by the  office of                                                               
administrative hearings;  relating to  the entities that  may use                                                               
the services  of the office of  administrative hearings; relating                                                               
to the  duties of the  chief administrative law  judge, including                                                               
the   power  to   hire  professional   staff;  relating   to  the                                                               
qualifications   and  powers   of   administrative  law   judges,                                                               
including  subpoena power;  relating to  the compensation  of the                                                               
chief administrative  law judge;  relating to  complaints against                                                               
administrative  law  judges  and hearing  officers;  relating  to                                                               
reimbursement for costs incurred  by the office of administrative                                                               
hearings; relating  to procedures  for requesting  and conducting                                                               
proceedings  of  the  office   of  administrative  hearings;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
He  said this  is  the  second hearing  on  the  bill and  public                                                               
testimony was heard on March 10,  2020. He noted that there was a                                                               
committee substitute (CS) and solicited a motion.                                                                               
                                                                                                                                
3:45:06 PM                                                                                                                    
SENATOR COGHILL moved to adopt  the committee substitute (CS) for                                                               
SB 88, work draft 31-LS0284\S, as the working document.                                                                         
                                                                                                                                
CHAIR REVAK objected for discussion purposes.                                                                                   
                                                                                                                                
3:45:36 PM                                                                                                                    
BETTY  TANGEMAN,   Staff,  Senator   Josh  Revak,   Alaska  State                                                               
Legislature,  Juneau,   Alaska,  on  behalf  of   the  committee,                                                               
explained the  changes in the committee  substitute (CS), version                                                               
S.  She   said  the  Office  of   Administrative  Hearings  (OAH)                                                               
requested a drafting error be fixed.  On page 8, line 18 the time                                                               
limit for the  final decision maker to issue  a proposed decision                                                               
    would change  from 45 to 20 days. This would be limited to boards                                                           
    and   commissions.   OAH  explained   that  because   boards  and                                                           
    commissions  must  act  in  a  public  meeting  and  must provide                                                           
    advance public  notice to take up a proposed decision, the 20-day                                                           
    timeframe  is  sufficient.  The  requirement  for  public  notice                                                           
    ensures  that the  board or  commission will  have ample  time to                                                           
    review  the  case before  acting.  She  noted that  the  bill was                                                           
    initially  introduced in 2019, so it  was necessary to update the                                                           
    effective date in Section 22 to July 1, 2021.                                                                               
                                                                                                                                
    3:47:01 PM                                                                                                                
  CHAIR REVAK removed his objection and version S was adopted.                                                                  
                                                                                                                                
    He  said the sponsor provided a  response to the question Senator                                                           
    Kawasaki  raised  at  the  last meeting  and  copies  are  in the                                                           
    packets.                                                                                                                    
                                                                                                                                
    3:48:12 PM                                                                                                                
    SENATOR   PETER  MICCICHE,  Alaska   State  Legislature,  Juneau,                                                           
    Alaska,  sponsor of  SB 88,  said this  bill will  streamline the                                                           
    process  for hearing  administrative appeals  and update  the 16-                                                           
    year-old  statutes. He offered his view  that the bill will allow                                                           
    timely, cost effective, and high-quality adjudication services.                                                             
                                                                                                                                
    CHAIR REVAK asked for the will of the committee.                                                                            
                                                                                                                                
    3:48:54 PM                                                                                                                
    SENATOR  COGHILL moved  to report  the committee  substitute (CS)                                                           
    for   SB   88,  version   S,   from  committee   with  individual                                                           
    recommendations and attached fiscal note.                                                                                   
                                                                                                                                
    There  being no  objection,  CSSB 88(STA)  was reported  from the                                                           
    Senate State Affairs Standing Committee.