Louisiana House Bill HB78

Louisiana 2010 Regular Session

• Introduced: 3/29/10
• Refer: 3/29/10
• Report Pass: 4/21/10
• Engrossed: 4/29/10
• Refer: 5/3/10
• Report Pass: 6/16/10
• Enrolled: 6/18/10
• Chaptered: 6/29/10
• Passed: 6/29/10

Caption

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)

Impact

The enactment of HB 78 will significantly affect how adjudicatory processes are conducted within these departments. By centralizing certain hearing functions under the Division of Administrative Law, the law seeks to provide consistency and fairness in administrative decision-making. Furthermore, the bill places the responsibility on departments to demonstrate their exempt status concerning federal mandates when they seek to deviate from standard procedures. This change could enhance clarity in operations while fostering accountability in how state agencies execute their adjudicatory roles.

Summary

House Bill 78 amends certain provisions related to the adjudication and hearing functions of the Division of Administrative Law and specific state departments, namely the Department of Health and Hospitals, the Department of Social Services, and the Department of Education. The bill mandates these departments to delegate specific functions and authority to the Division of Administrative Law, facilitating a more efficient handling of administrative hearings and adjudications, particularly those arising under federal programs. This aims to streamline processes and ensure that decisions can be made in a timely manner as outlined in the legislation.

Sentiment

The general sentiment surrounding HB 78 appears to be supportive from legislative advocates who emphasize the need for more efficient administrative proceedings. Proponents argue that the bill will lead to improved governance by ensuring that agencies adhere to a standardized procedure for hearings. However, some concerns have been raised regarding the potential implications for local control and the ability of these departments to carry out their functions without added oversight; these points have initiated dialogue about balancing efficiency with departmental autonomy.

Contention

Notable points of contention include the bill's provisions regarding federal mandates and the delegation of final decision authority. Critics may worry about whether the delegation could inadvertently lead to reduced oversight on critical matters such as health and education. Furthermore, the statutory requirement that agencies prove their exempt status could lead to complications if federal mandates apply differently across various departments. This ongoing discussion highlights the tension between streamlining government operations and maintaining localized decision-making authority.