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)
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.
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.
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.
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.