Legislature(1995 - 1996)

03/21/1995 03:35 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 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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