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.