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.