NDT H.B. 2745 75(R)BILL ANALYSIS


LICENSING & ADMINISTRATIVE PROCEDURES
H.B. 2745
By: Haggerty
4-7-97
Committee Report (Unamended)



BACKGROUND 

Section 11.015 was recently added to the Alcoholic Beverage Code requiring
administrative hearings to be held in the county in which the premise is
located.  This generally works to the benefit of the permittee; however,
it can cause a hardship as there is no flexibility.  On the other hand,
current statute requires hearings in an area in which facilities or court
reporters are not readily available, and the expenses for the state to
affect necessary arrangements are greater than normal.  If neighboring
counties could be used, it is possible to set two or more hearings in one
day and make more efficient use of attorney time and other required
individuals.  This would aid in eliminating the long amount of elapsed
time from time of violation to a hearing date and final determination. 

PURPOSE

Allow flexibility in the location of an administrative hearing from only
the county of the licensed premise to the neighboring county, the nearest
State Office of Administrative Hearings Office or any location mutually
agreeable by both parties. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.   Provides for an administrative hearing to be held in the
county of the premise, the nearest regional office of the State Office of
Administrative Hearings or any location mutually agreeable to both
parties.