2013 -- S 0082 SUBSTITUTE A

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LC00106/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - ADMINISTRATIVE

PROCEDURES

     Introduced By: Senators DiPalma, Goodwin, Nesselbush, Lynch, and Cool Rumsey

     Date Introduced: January 16, 2013

     Referred To: Senate Judiciary

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 office of

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management and budget and the personnel administrator, shall conduct an assessment and study

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of the administrative hearing practices across state government performed by individuals

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employed by the state. The study shall not include administrative hearings conducted by boards,

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committees, or commissions which are unpaid by the state for their time.

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     (b) All state agencies on or before September 30, 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 December 30, 2013, the department of administration, with assistance

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from the state office of management and budget and the personnel administrator, shall provide to

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the governor, speaker of the house of representatives, senate president, and chairpersons of the

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house and senate finance committees a report regarding the assessment and study of

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administrative hearing 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 office of management and budget and the personnel

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administrator shall dedicate appropriate resources and assist the department of administration in

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compiling and analyzing the 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/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - ADMINISTRATIVE

PROCEDURES

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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/SUB A

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