Legislature(2003 - 2004)
03/03/2004 08:05 AM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
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.
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