2015 -- S 0016

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LC000237

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE

PROCEDURES ACT

     Introduced By: Senators DiPalma, DaPonte, Jabour, Archambault, and Ottiano

     Date Introduced: January 13, 2015

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-35-9.1 of the General Laws in Chapter 42-35 entitled

"Administrative Procedures" is hereby amended to read as follows:

     42-35-9.1. Administrative hearing assessment and study. -- (a) In order to assess,

standardize and create efficiency and fairness in the administrative hearing process in state

agencies, the department of administration, with the assistance from the state office of

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

of the administrative hearing practices across state government performed by individuals

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

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

      (b) All state agencies on or before September 30, 2013, shall each provide the following

information and records to the director of the department of administration:

      (1) A complete list of the types of administrative hearings performed on behalf of the

agency including a description of the type of hearing, expertise that may be required and statutory

authority for conducting such a hearing;

      (2) The number of hearings listed by each type of hearing as described in subdivision (1)

performed by each agency in each fiscal year for the past three (3) fiscal years ending June 30,

2013, along with the average time-frame for each type of matter to be adjudicated;

      (3) The agency rules or regulations governing any such administrative hearings;

      (4) A complete list of personnel by name, title, grade, division of agency, and total rate

of salary, who conduct agency administrative hearings including the type of hearing performed by

each individual, along with the percentage of the person's time spent on administrative hearing

duties as a full-time equivalent;

      (5) A complete list of all agency positions with name, title, division, and total rate of

salary of each position, that include administrative hearing duties in either the job title or job

description;

      (6) A complete list of vacancies that have administrative hearing duties in the job title

job description; and

      (7) The total number, as a full-time equivalent, performing all administrative hearings

for the agency.

      (c) On or before December 30, 2013, the department of administration, with assistance

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

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

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

administrative hearing practices in the state agencies. The report shall include:

      (1) An executive summary of administrative hearing practices across state government;

      (2) A recommendation and/or a plan on how to standardize, consolidate and make more

efficient the administrative hearing process across state agencies;

      (3) A recommendation regarding the potential need for certain hearing officers to be

qualified subject matter experts;

      (4) Legislative or regulatory recommendations for a standardized administrative hearing

process across state agencies;

      (5) Recommendations regarding the number of full-time equivalents needed to perform

administrative hearing duties;

      (6) A copy of the information and records supplied by each of the agencies listed in

subsection (b); and

      (7) Any other information deemed to be appropriate.

     (d) On or before December 31, 2015, the office of management and budget shall develop

an implementation plan for a centralized hearing agency which will standardize the state's

administrative hearing process, reduce confusion, improve efficiency by dedicating qualified state

personnel to administrative hearing duties only, and increase trust and transparency in the state

hearing process. This implementation plan shall be provided to the speaker of the house, president

of the senate, and the chairs of both the house and senate finance committees on or before

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December 31, 2015.

      (d)(e) Each agency shall fully cooperate with the department of administration regarding

the assessment and study and shall dedicate appropriate resources as needed to complete this

assessment. Additionally, the state office of management and budget and the personnel

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

compiling and analyzing the information and completing the report for the general assembly.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE

PROCEDURES ACT

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     This act would direct the office of management and budget to develop a plan to

implement a centralized administrative hearing agency.

     This act would take effect upon passage.

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