Brief(1)
House Sub. for S.B. 405 would provide that after July 1, 1999, state agencies subject to the Kansas Administrative Procedure Act (KAPA) proceedings can conduct hearings with presiding officers, in addition to the agency head or member of the agency, board, or commission. The presiding officer will be drawn from the Office of Administrative Hearings in the Department of Administration (DOA). Under current law, most administrative hearings are conducted in the individual agency. Approximately 40 agencies would be subject to KAPA.
In addition, the DOA would also be required to provide a presiding officer upon request of a state agency not subject to KAPA.
As of July 1, 1999, the Office of Administrative Hearings will have transferred to it the presiding officer in the hearing section of every agency under KAPA as well as support personnel who will retain all accrued rights and retirement benefits under the state personnel system.
The bill would not apply to the Employment Security Law or most provisions of the Workers Compensation Act.
Background
Originally, S.B. 405 was recommended by the Special Committee on Child Support Enforcement Oversight as a result of the 1997 interim study on Child Support Enforcement. The bill would change the title of administrative law judge to presiding officer, for hearings involving child support, as well as other rulings made by the Department of Social and Rehabilitation Services. The bill would also eliminate the requirement to hire court reporters.
The House Committee inserted the more expansive provisions of H.B. 2604 and H.B. 2672 into the substitute bill.
The fiscal note indicates the impact would be significant primarily as the result of the development and consolidation of the expanded Office of Administrative Hearings in DOA. The fiscal effect of the bill would not occur until FY 2000.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.