NDT S.B. 332 75(R)BILL ANALYSIS


LICENSING & ADMINISTRATIVE PROCEDURES
S.B. 332
By: Armbrister (Gray, Patricia)
5-6-97
Committee Report (Amended)


BACKGROUND 

Currently, an administrative law judge's powers of decision making are
limited.  During the interim of the 74th Legislature, the effectiveness of
the transfer of administrative hearings from individual state agencies to
the State Office of Administrative Hearings (SOAH) was reviewed.     

The review found that less than 4 percent of the matters adjudicated
before SOAH are altered by the respective governing bodies.  An agency is
authorized to overturn an administrative law judge's decision and pursue
the next level of judicial review by citing certain reasons.  S.B. 332
requires the decision of the administrative law judge to be binding on
occupational regulatory agencies.  

PURPOSE

S.B. 332 requires the decision of the administrative law judge to be
binding on occupational regulatory agencies. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2001.058, Government Code, by adding Subsection
(f), to provide certain conditions for a contested case that concerns
licensing in relation to an occupational license and that is not disposed
of by stipulation, agreed settlement, or consent order. 

SECTION 2. Amends Section 2003.042, Government Code, to authorize an
administrative law judge, if expressly authorized by other law, to make
the final decision in a contested case, among other duties. 

SECTION 3. Effective date:  September 1, 1997.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.




EXPLANATION OF AMENDMENTS

The provisions of subsection (f) do not apply to any action brought under
any section of the Insurance Code.