03/03/2004 08:05 AM Senate JUD

         SB 333-IF UNREAS. AGENCY DELAY, COURT DECIDES                                                                      
                                                                                                                                
SENATOR  THERRIAULT   moved  to  adopt  the   proposed  committee                                                               
substitute  (CS) to  SB 333,  labeled version  H, as  the working                                                               
document before the committee.                                                                                                  
                                                                                                                                
SENATOR OGAN objected for the purpose of an explanation.                                                                        
                                                                                                                                
MR.  DAVE  STANCLIFF,  staff  to  the  Administrative  Regulation                                                               
Review Committee (ARRC), told members  that at a previous hearing                                                               
the  committee  questioned  whether the  regulatory  clock  would                                                               
continue  to  run  while  the   court  considers  an  extrication                                                               
process.  The committee  believed it  should, therefore  language                                                               
was added  on page 2,  lines 24-25,  that indicates that  a state                                                               
agency should continue a proceeding  unless the court enjoins the                                                               
proceeding or issues  an order. He added that the  title was also                                                               
changed to  address the fact  that the  administrative procedures                                                               
would be changed.                                                                                                               
                                                                                                                                
SENATOR  OGAN  removed his  objection;  therefore  version H  was                                                               
before the committee.                                                                                                           
                                                                                                                                
CHAIR SEEKINS  commented, "Mr.  Stancliff, one  could anticipate,                                                               
since we  have now told  the administration that the  clock keeps                                                               
ticking, that  there will  be motions  to stop  the clock  by the                                                               
court based on the court's calendar, I would imagine."                                                                          
                                                                                                                                
MR. STANCLIFF believed that is a fair assumption.                                                                               
                                                                                                                                
SENATOR FRENCH  asked Mr. Stancliff  if he  was able to  find out                                                               
the length of the shortest and median administrative proceeding.                                                                
                                                                                                                                
MR. STANCLIFF  answered that the  Legislative Research  Agency is                                                               
currently compiling the  number of cases each  agency has handled                                                               
each year  and the number of  those cases that have  been open in                                                               
excess of one year, which he would distribute to members.                                                                       
                                                                                                                                
With no further  testimony or questions, CHAIR  SEEKINS asked the                                                               
will of the committee.                                                                                                          
                                                                                                                                
SENATOR  THERRIAULT  moved  CSSB  333(JUD), version  H,  and  its                                                               
accompanying   fiscal  notes   from  committee   with  individual                                                               
recommendations.                                                                                                                
                                                                                                                                
SENATOR FRENCH objected.                                                                                                        
                                                                                                                                
The motion carried with Senators  Therriault, Ogan and Seekins in                                                               
favor, and Senator French opposed.