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
Impact
The passage of HB 522 affects existing statutes pertaining to the adjudication procedures for state agencies, specifically by providing an exemption for the DPSC. The law states that for all adjudications commenced by the DPSC after July 1, 2016, the DPSC would handle these matters following its initiation of process guidelines. This transition is intended to streamline operations within the department, enhancing its ability to address public safety issues directly.
Summary
House Bill 522 aims to exempt the Department of Public Safety and Corrections (DPSC) from the provisions of the law regarding adjudications conducted by the division of administrative law. This legislative measure allows the DPSC to carry out its own adjudications without adhering to the established protocols that other state agencies must follow. This change is significant because it alters the procedural landscape for how public safety services handle legal disputes, effectively shifting the control of certain adjudicatory processes to the DPSC itself.
Sentiment
The sentiment regarding HB 522 appears to lean towards a supportive stance among those advocating for greater autonomy for the DPSC. Proponents argue that this measure will enable the department to operate more efficiently and responsively to public safety matters. However, discussions surrounding compliance with the Administrative Procedure Act may raise concerns about the oversight and accountability of decisions made by the DPSC, thereby introducing an element of contention among various stakeholders.
Contention
A notable point of contention surrounding the bill is the potential impact on the checks and balances that exist within state administrative law. Critics may question whether granting the DPSC the autonomy to conduct its own adjudications could lead to less oversight and increased potential for abuse of power. The bill's supporters counter this perspective by emphasizing the importance of allowing public safety services to operate without delays caused by administrative law procedures that may not align with the urgent nature of their responsibilities.
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)
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)