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2013 -- S 0082 | |
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LC00106 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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A N A C T | |
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RELATING TO STATE AFFAIRS AND GOVERNMENT - ADMINISTRATIVE | |
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PROCEDURES | |
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Introduced By: Senators DiPalma, Goodwin, Nesselbush, Lynch, and Cool Rumsey | |
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Date Introduced: January 16, 2013 | |
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Referred To: Senate Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Chapter 42-35 of the General Laws entitled, “Administrative Procedures” is |
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hereby amended by adding thereto the following: |
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42-35-9.1. Administrative hearing assessment and study. -- (a) In order to assess, |
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standardize and create efficiency and fairness in the administrative hearing process in state |
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agencies, the department of administration, with the assistance from the state budget office and |
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the personnel administrator, shall conduct an assessment and study of the administrative hearing |
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practices across state government performed by individuals employed by the state. The study |
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shall not include administrative hearings conducted by boards, committees, or commissions who |
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are unpaid by the state for their time. |
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(b) All state agencies on or before August 1, 2013, shall each provide the fol1owing |
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information and records to the director of the department of administration: |
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(1) A complete list of the types of administrative hearings performed on behalf of the |
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agency including a description of the type of hearing, expertise that may be required and statutory |
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authority for conducting such a hearing; |
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(2) The number of hearings listed by each type of hearing as described in subdivision (1) |
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performed by each agency in each fiscal year for the past three (3) fiscal years ending June 30, |
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2013, along with the average time-frame for each type of matter to be adjudicated; |
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(3) The agency rules or regulations governing any such administrative hearings; |
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(4) A complete list of personnel by name, title, grade, division of agency. and total rate of |
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salary, who conduct agency administrative hearings including the type of hearing performed by |
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each individual, along with the percentage of the person’s time spent on administrative hearing |
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duties as a full-time equivalent; |
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(5) A complete list of all agency positions with name, title, division, and total rate of |
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salary of each position, that include administrative hearing duties in either the job title or job |
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description; |
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(6) A complete list of vacancies that have administrative hearing duties in the job title job |
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description; and |
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(7) The total number, as a full-time equivalent, performing all administrative hearings for |
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the agency. |
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(c) On or before September 30, 2013, the department of administration, with assistance |
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from the state budget office and the personnel administrator, shall provide to the governor, |
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speaker of the house of representatives, senate president, and chairpersons of the house and senate |
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finance committees a report regarding the assessment and study of administrative hearing |
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practices in the state agencies. The report shall include: |
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(1) An executive summary of administrative hearing practices across state government; |
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(2) A recommendation and/or a plan on how to standardize, consolidate and make more |
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efficient the administrative hearing process across state agencies; |
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(3) A recommendation regarding the potential need for certain hearing officers to be |
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qualified subject matter experts; |
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(4) Legislative or regulatory recommendations for a standardized administrative hearing |
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process across state agencies; |
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(5) Recommendations regarding the number of full-time equivalents needed to perform |
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administrative hearing duties; |
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(6) A copy of the information and records supplied by each of the agencies listed in |
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subsection (b); and |
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(7) Any other information deemed to be appropriate. |
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(d) Each agency shall fully cooperate with the department of administration regarding the |
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assessment and study and shall dedicate appropriate resources as needed to complete this |
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assessment. Additionally, the state budget office and the personnel administrator shall dedicate |
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appropriate resources and assist the department of administration in compiling and analyzing the |
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information and completing the report for the general assembly. |
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SECTION 2. This act shall take effect upon passage and shall sunset and expire on |
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December 31, 2013, unless specifically reauthorized by the general assembly. |
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LC00106 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO STATE AFFAIRS AND GOVERNMENT - ADMINISTRATIVE | |
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PROCEDURES | |
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*** | |
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This act would authorize the department of administration to conduct a comprehensive |
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study of administrative hearing practices across state government. |
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This act would take effect upon passage and would sunset and expire on December 31, |
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2013, unless specifically reauthorized by the general assembly. |
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LC00106 | |
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