North Dakota 2023-2024 Regular Session

North Dakota House Bill HB1154

Introduced
1/3/23  
Refer
1/3/23  
Report Pass
1/17/23  
Engrossed
1/20/23  
Refer
2/13/23  

Caption

The informal disposition of an administrative proceeding and hearings before an administrative law judge.

Impact

The impact of HB 1154 on state laws relates to the procedural framework governing administrative agencies. By changing the criteria under which summary judgments may be granted, the bill could streamline the resolution of administrative disputes while ensuring that opposing parties have an opportunity to present their case before an administrative law judge. This aligns with a broader goal of increasing efficiency within the legal system, which often grapples with backlogs and prolonged proceedings.

Summary

House Bill 1154 addresses the informal disposition of administrative proceedings and the processes surrounding hearings before an administrative law judge. The bill seeks to modify existing legal procedures regarding summary judgments, particularly in circumstances where one party opposes such motions. Notably, the bill stipulates that if there is a written response against a motion for summary judgment, then this form of judgment will not be permitted within adjudicative proceedings.

Sentiment

The general sentiment surrounding HB 1154 appears to be cautiously optimistic, with support from various legal experts who view the changes as a means to enhance the effectiveness and fairness of administrative proceedings. However, some concerns have been raised about the potential for this bill to unintentionally complicate or prolong adjudicative processes by limiting the accessibility of summary judgments, which could slow down dispute resolutions under certain circumstances.

Contention

Points of contention related to HB 1154 revolve around the balance between expediting legal processes and ensuring adequate protections for all parties involved in administrative proceedings. Critics argue that while the bill aims to streamline procedures, it could lead to situations where parties are unable to achieve timely resolutions due to the constraints imposed by the new guidelines for summary judgments. As such, the discussions highlighted a tension between the need for efficiency in legal processes and the necessity for fair hearings for all parties.

Companion Bills

No companion bills found.

Previously Filed As

ND HB2451

Administrative hearings; change of judge

ND HB3139

Administrative law; Administrative Hearings Reform Act; individual proceedings; administrative law judges; hearing examiners; district courts; evidentiary procedures; final orders; rehearing, reopening, and reconsideration; repeal; effective date.

ND SB0296

Administrative proceedings.

ND HB2049

Administrative decisions; security proceedings; hearings

ND SB00426

An Act Concerning Court Operations And Administrative Proceedings.

ND HB1465

Office of administrative law proceedings.

ND SB01188

An Act Establishing The Division Of Administrative Hearings.

ND HB1003

Administrative law.

ND HB563

Fair Employment Practices Act of 1978; provide hearing before an administrative law judge; change provisions

ND HB2599

Administrative hearings; GRRC

Similar Bills

No similar bills found.