Virginia 2023 Regular Session

Virginia House Bill HB1902

Introduced
1/10/23  

Caption

Administrative Process Act; appeal of case decisions regarding grant or denial of public assistance.

Impact

One significant impact of HB1902 is the redefinition of the judicial review process for public assistance decisions. The bill allows for appeals based solely on the agency's record, which means that courts are constrained to determine whether there is sufficient evidence in the agency record supporting the agency's decision rather than evaluating the merits of the case comprehensively. Critics argue that this may limit individuals' abilities to challenge administrative decisions effectively, potentially disadvantaging those seeking assistance and reducing accountability for agency actions.

Summary

House Bill 1902, also known as the Administrative Process Act Amendments, aims to clarify and delineate the processes involved in the appeal of case decisions regarding the grant or denial of public assistance. The bill specifically amends ยง2.2-4025 of the Code of Virginia, detailing the exemptions to the agency action and the scope of judicial review that can be pursued by individuals affected by decisions related to Temporary Assistance for Needy Families, Medicaid, and other social service programs. By limiting the grounds on which appeals can be made and emphasizing the reliance on agency records, the bill seeks to streamline appeals against administrative decisions.

Contention

Notably, the bill has raised concerns regarding its implications for the rights of individuals applying for or receiving public assistance. Some lawmakers and advocacy groups are worried that the limitations placed on appeals could undermine protections for vulnerable populations, leading to inadequate oversight of agency practices. Furthermore, the stipulation that courts cannot review the adequacy of standards for need and payment levels may restrict necessary judicial scrutiny of programs designed to support low-income individuals and families, prompting debates on the balance between governmental efficiency and individual rights.

Companion Bills

No companion bills found.

Previously Filed As

VA SB998

Administrative Process Act; appeal of case decisions regarding grant or denial of public assistance.

VA HB787

Administrative Process Act; appeals of case decisions regarding benefits sought.

VA HB787

Administrative Process Act; appeals of case decisions regarding benefits sought.

VA HB2535

Uniform Health Care Decisions Act; created, repeals most provisions of Health Care Decisions Act.

VA SB1348

Administrative Process Act; exemptions not to extend to agency action regarding certain wildlife.

VA SB370

Updating Public Employees Grievance Board procedure that certain decisions be appealed to Intermediate Court of Appeals

VA HB329

Administrative Process Act; public notice and economic impact, prohibition on certain regulations.

VA HB329

Administrative Process Act; public notice and economic impact, prohibition on certain regulations.

VA HB1158

Administrative Process Act; requirement of executive branch agencies.

VA SB473

Administrative Process Act; requirement of executive branch agencies.

Similar Bills

No similar bills found.