CS FOR HOUSE BILL NO. 533(JUD) "An Act relating to the state's administrative procedures and to judicial oversight of administrative matters." This was the first hearing for this bill in the Senate Finance Committee. Co-Chair Wilken stated that this bill, which is sponsored by the House State Affairs Committee, would allow a person who is unable to acquire a final administrative decision from a State agency to request assistance from the State Superior Court. He noted that Version 23-LS1833\I is before the Committee for consideration. REPRESENTATIVE BRUCE WEYHRAUCH, Chair, House State Affairs Committee which sponsors this bill, explained that the intent of this bill is to provide a person the ability to "dynamite a case" being reviewed by an administrative agency from that agency and place it with the Superior Court in order to obtain "a more expeditious decision." Senator Olson asked how frequently these situations occur. Representative Weyhrauch clarified that the Superior Court jurisdictional review process is currently unavailable. He explained that, even were this legislation adopted, the proposed process would not be implemented without a "showing of unreasonable delay," and, in addition, the administrative agency would be provided an opportunity to provide a rational reason as to why a decision had not be made. He also pointed out that in some instances, a delay in a determination might benefit an individual as exampled by a situation in which, during the review process, the Department of Fish and Game might issue an interim fishing permit to a person who might have some issues that might negatively affect their application. On the other hand, he stated, were a determination regarding an appeal of a person's business license delayed, the person's livelihood could be jeopardized. This legislation, he attested, would enable a person to request that the agency "move quickly provide" to expedite the decision. Co-Chair Green moved to adopt Version "I" as the working document. There being no objection, Version "I" was adopted as the working document. Senator Bunde asked regarding Fiscal Note #4 from the Department of Law. Representative Weyhrauch responded that this fiscal note would address attorney expenses incurred to the Department when it represents an agency in litigation based on unreasonable agency delay. Senator Bunde observed that this is "when we sue ourselves again." DAVE STANCLIFF, Staff, Administrative Regulatory Review Committee and Staff to Senate President Gene Therriault, informed the Committee that, since 1980, in excess of 8,500 administrative agency determinations took longer than one year to be completed. Continuing, he noted that "what is not reflected" in the fiscal notes are the savings resulting from "less State time and less State dollars" that would result were decisions made more expediently. He stated that quicker determinations would also positively impact the private sector. Senator Bunde concurred. However, he noted that while this bill would encourage more agency efficiency, that efficiency requirement could provide the opportunity for State agencies to be sued. DOUG WOOLIVER, Administrative Attorney, Office of the Administrative Director, Alaska Court System, noted that, even though many people might believe that their delay is unreasonable, the Court System does not believe it would be "flooded" with cases as, he opined, the possibility that a case might be moved to the Superior Court would serve to motivate agency determinations to be conducted within a reasonable amount of time. He noted that this process could also be enhanced as a result of measures included in other legislation that is being introduced. However, he stated that were thousands of yearlong determination delays to occur, the Department would require additional funding. Representative Weyhrauch informed the Committee that, at one point, language had been made entertained that would have served to withhold payment to Superior Court justices were a ruling not forthcoming within six months after referral. He noted that this language, while not adopted, could also have applied to agency hearing officers. Co-Chair Green moved to report the bill from Committee with individual recommendations and accompanying fiscal notes. There being no objection, SCS CS HB 533(FIN) was REPORTED from Committee with indeterminate fiscal note #1, dated March 18, 2004 from the Alaska Court System; indeterminate fiscal note #2, dated March 23, 2004 from the Department of Fish and Game; zero fiscal note #3, dated March 23, 2004 from the Department of Health and Social Services; and $84,300 fiscal note #4, dated March 26, 2004 from the Department of Law.