Text: S05456                            Text: S05458
Text: S05400 - S05499                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5457

Amendment Text

PAG LIN
  1  1    Amend the amendment, S-5293, to House File 667, as
  1  2 amended, passed, and reprinted by the House as
  1  3 follows:
  1  4    #1.  Page 1, by striking lines 1 through 26 and
  1  5 inserting the following:
  1  6    "Amend House File 667, as amended, passed, and
  1  7 reprinted by the House, as follows:
  1  8    #   .  Page 15, line 20, by striking the words
  1  9 "head, either the agency head" and inserting the
  1 10 following:  ", either the agency".
  1 11    #   .  Page 15, line 21, by striking the words "the
  1 12 agency head" and inserting the following:  "a
  1 13 multimember agency".
  1 14    #   .  Page 15, line 23, by inserting after the
  1 15 figure "10A.801." the following:  "However, a party
  1 16 may, within a time period specified by rule, request
  1 17 that the presiding officer be an administrative law
  1 18 judge assigned by the office of administrative
  1 19 hearings.  Except as otherwise provided by statute,
  1 20 the agency shall grant a request by a party for an
  1 21 administrative law judge unless the agency finds, and
  1 22 states reasons for the finding, that any of the
  1 23 following conditions exist:
  1 24    (1)  There is a compelling need to expedite
  1 25 issuance of a final decision in order to protect the
  1 26 public health, safety, or welfare.
  1 27    (2)  A qualified administrative law judge is
  1 28 unavailable to hear the case within a reasonable time.
  1 29    (3)  The case involves significant policy issues of
  1 30 first impression that are inextricably intertwined
  1 31 with the factual issues presented.
  1 32    (4)  The demeanor of the witnesses is likely to be
  1 33 dispositive in resolving the disputed factual issues.
  1 34    (5)  Funds are unavailable to pay the costs of an
  1 35 administrative law judge and an intra-agency appeal.
  1 36    (6)  The request was not timely filed.
  1 37    (7)  There is other identified good cause, as
  1 38 specified by rule, for denying the request."
  1 39    #   .  Page 15, line 28, by striking the words
  1 40 "head, either the agency head" and inserting the
  1 41 following:  ", either the agency".
  1 42    #   .  Page 15, line 29, by striking the words "the
  1 43 agency head" and inserting the following:  "a
  1 44 multimember agency".
  1 45    #   .  Page 15, line 32, by striking the word
  1 46 "head".
  1 47    #   .  Page 15, line 34, by striking the word
  1 48 "head"."
  1 49    #2.  By renumbering as necessary.  
  1 50 
  2  1 
  2  2                               
  2  3 MARY NEUHAUSER 
  2  4 HF 667.507 77
  2  5 ec/jw/28
     

Text: S05456                            Text: S05458
Text: S05400 - S05499                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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