Legislature(1995 - 1996)
03/21/1995 03:35 PM Senate STA
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SSTA - 3/21/95
SB 110 ADMINISTRATIVE ADJUDICATIONS
CHAIRMAN SHARP calls the Senate State Affairs Committee to order at
3:35 p.m. and brings up SB 110 as the first order of business
before the committee. SB 110 was sponsored by the Rules Committee
by request of the Governor. The chairman calls the first witness.
TERESA WILLIAMS, Assistant Attorney General, Commercial Section,
Civil Division, Department of Law, testifying from Anchorage,
states she is testifying on behalf of the administration. The
administration thinks administrative litigation should be faster
and less costly for parties and the state. Ms. Williams reads
information contained in the Governor's Transmittal Letter for SB
110 to the committee.
Number 071
SENATOR RANDY PHILLIPS asks Ms. Williams if, under Section 5 of SB
110, it can't just state "reimbursement of expenses accordant with
standard established." Why is the word "subsistence" in there?
MS. WILLIAMS thinks the bill could say "food and lodging."
SENATOR RANDY PHILLIPS thinks that would be better wording than
"subsistence."
MS. WILLIAMS thinks the word "subsistence" was taken from the court
rule.
CHAIRMAN SHARP asks Ms. Williams to continue with her testimony.
MS. WILLIAMS continues her review of the Governor's Transmittal
Letter for SB 110.
Number 115
SENATOR DONLEY asks Ms. Williams to repeat the reference she made
to a preponderance of the evidence being the appropriate standard,
even when there is a potential for incarceration.
MS. WILLIAMS lists several examples: a probation revocation
proceeding, where a preponderance of the evidence is the standard
of proof that is used, even though the person will be going to jail
if they lose in the probation revocation proceeding; and for a
juvenile being waived into adult court, the standard is only a
preponderance of the evidence, and if they lose, they go into adult
court and face incarceration.
SENATOR DONLEY asks Ms. Williams to review and explain that section
of SB 110 again.
MS. WILLIAMS responds there is no standard of proof now set forth
in state law. There is a court decision that states the standard
is a preponderance of the evidence, unless otherwise stated. That
is what we are following in SB 110.
Number 138
SENATOR DONLEY asks if that only applies to administrative
adjudications.
MS. WILLIAMS replies that is correct.
SENATOR DONLEY asks if this would mostly apply to the area of
appeals for revocation of driver's licenses.
MS. WILLIAMS responds no, that is probably a really minor aspect of
administrative adjudications.
Number 149
SENATOR RANDY PHILLIPS asks Ms. Williams if there are any
organizations or groups which support SB 110.
MS. WILLIAMS is not aware of any groups supporting or opposing SB
110.
SENATOR RANDY PHILLIPS asks Ms. Williams if SB 110 is mostly
supported internally by the administration.
MS. WILLIAMS states that is correct.
Number 165
SENATOR DONLEY comments SB 110 seems to contain reasonable
suggestions. But he is also interested in the whole process, and
he would like some time to research the issue. He has always been
concerned with the process by which notice is given for the
adoption of regulations. There is no requirement that the public
be shown the final version of proposed regulations. He would like
to see more detailed notice of proposals. He would like to get
information for the committee by the next meeting, if the committee
is interested.
SENATOR RANDY PHILLIPS states he would definitely be interested in
Senator Donley's proposal.
Number 199
MS. WILLIAMS responds the title of SB 110 refers to administrative
adjudication, which is a different section than the one dealing
with regulations. There are bills pending which deal strictly with
regulations. She asks that the committee keep administrative
adjudication separate from regulations.
Number 206
CHAIRMAN SHARP appreciates what Ms. Williams just said, but to give
proper notice before things become effective - to get the job done,
sometimes you have to wrap the sweet stuff around the apple. He
asks Senator Donley if he can have information for the committee by
the next committee meeting.
SENATOR DONLEY replies he will try to do that.
Number 219
SENATOR RANDY PHILLIPS states the committee will probably have
committee substitute for SB 110, and at some point in time he would
like, on page 3, line 17, to have the word "subsistence" replaced
with "reimbursement of food and lodging expenses, in accordance
with the standards established by the Department of Administration
under AS 39.20.160."
CHAIRMAN SHARP understands from Ms. Williams testimony that there
would not be objection to that change from the administration. The
chairman asks for Ms. Williams' fax number so that they can work
with her on a committee substitute and announces the committee will
hold SB 110 and hear it again at the next committee meeting.
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