Requires the departments of health and hospitals, social services, and education to delegate certain hearing and adjudication functions to the division of administrative law (OR SEE FISC NOTE SD EX)
Impact
The implementation of HB 665 is expected to modify state laws related to how adjudication and hearings are managed within key state departments. By mandating delegation to the Division of Administrative Law, the bill aims to standardize the adjudication process, potentially improving the speed and quality of decisions made in administrative hearings. However, agencies may retain authority over certain functions if they can substantiate that federal mandates prohibit such delegation, which can complicate the landscape of administrative adjudication widely.
Summary
House Bill 665 aims to streamline and transfer certain hearing and adjudication functions from the Departments of Health and Hospitals (DHH), Social Services (DSS), and Education (DOE) to the Division of Administrative Law. The bill is designed to enhance the efficiency and consistency of administrative procedures across these departments by centralizing adjudicatory functions. The proposed changes would require these departments to delegate specific responsibilities, while also allowing exceptions for agencies that are restricted by federal law from delegating such functions.
Sentiment
Overall, sentiment around HB 665 appears to be cautiously optimistic, highlighting the potential benefits of increased efficiency in the government’s handling of hearings and adjudications. Supporters argue that the bill could result in a more streamlined process, alleviating some current burdens on state agencies. However, concerns exist regarding the burden of proof placed on agencies to justify any claims of exemption from the required delegation, which may create additional complexities in governance.
Contention
One notable point of contention surrounding HB 665 is the balance between state and federal mandates, as the bill aims to enforce delegation while also recognizing potential federal restrictions. There is concern that without careful implementation, the bill could undermine the specific operational frameworks that agencies must adhere to due to these mandates. The debate highlights an essential conflict between the desire for centralized administrative efficiency and the need to respect the autonomy required by federal law.
Requires the departments of health and hospitals, social services, and education to delegate certain hearing and adjudication functions to the division of administrative law (RE SEE FISC NOTE SD EX)
Requires the Department of Health and Hospitals to delegate certain hearing and adjudication functions to the division of administrative law. (8/15/10)
Exempts the Department of Public Safety and Corrections, public safety services, from the provisions of law relative to adjudications by the division of administrative law
Abolishes the Department of Health and Hospitals and the Department of Social Services and creates the Department of Health and Social Services (OR DECREASE GF EX See Note)
Provides for the transfer of functions of La. Rehabilitation Services from the Dept. of Social Services to the La. Workforce Commission and the Dept. of Health and Hospitals (EN +$100,000 SD EX See Note)
Transferring adjudicatory functions for worker’s compensation from the Division of Hearings and Appeals in the Department of Administration to the Department of Workforce Development. (FE)
Transferring adjudicatory functions for worker’s compensation from the Division of Hearings and Appeals in the Department of Administration to the Department of Workforce Development. (FE)
Requires the departments of health and hospitals, social services, and education to delegate certain hearing and adjudication functions to the division of administrative law (RE SEE FISC NOTE SD EX)