Bill Text: HI HB274 | 2019 | Regular Session | Amended
Bill Title: Relating To Administrative Procedure.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-02-15 - Report adopted. referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Aquino, DeCoite, Nakamura, Quinlan, Thielen excused (5). [HB274 Detail]
Download: Hawaii-2019-HB274-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
274 |
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THIRTIETH LEGISLATURE, 2019 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ADMINISTRATIVE PROCEDURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The
legislature finds that technology is moving in the direction where
electronic documents are replacing hard copies.
For example, the Hawaii commission on water
resource management, land use commission, board of land and natural resources,
and the public utilities commission maintain web-based listings of dockets and
docket documents. The state judiciary and the state legislature also have converted to electronic documents. In addition, web-based public
notification is becoming more common, although a few tweaks are still needed. The public utilities
commission, for example, is in the process of
converting to web-based certificate of service.
While many state agencies are moving toward electronic
documentation and notification, not all agencies are part of this shift. The department of health does not maintain a list of
open dockets and even parties cannot tell what official documents are part of
the official record in a proceeding. In addition, the department of health can take more than two years to
determine who the parties are, what the issues are, and to determine the procedural schedule. This is because,
unlike other agencies, under the
department of health's permitting process, a permit may be approved before
a contested case proceeding gets underway. Thus the permit
holder is indifferent to how long the process
drags out.
The legislature finds that it is important that all parties before a regulatory agency receive the same access to information and documentation regardless of which agency is adjudicating their case.
The purpose of this Act is to require all agencies to:
(2) Establish
a subscription-based email notification system so that all interested parties
may receive notice of all filings made in a contested case proceeding.
SECTION 2. Section 91-9, Hawaii Revised Statutes, is amended to read as follows:
"§91-9 Contested cases; notice; hearing; records.
(a) Subject to section 91-8.5, in
any contested case, all parties shall be afforded an opportunity for hearing
after reasonable notice.
(b)
The notice shall include a statement of:
(1) The
date, time, place, and nature of hearing;
(2) The
legal authority under which the hearing is to be held;
(3) The
particular sections of the statutes and rules involved;
(4) An
explicit statement in plain language of the issues involved and the facts
alleged by the agency in support thereof; provided that if the agency is unable
to state such issues and facts in detail at the time the notice is served, the
initial notice may be limited to a statement of the issues involved, and
thereafter upon application a bill of particulars shall be furnished;
(5) The
fact that any party may retain counsel if the party so desires and the fact
that an individual may appear on the individual's own behalf, or a member of a
partnership may represent the partnership, or an officer or authorized employee
of a corporation or trust or association may represent the corporation, trust,
or association.
(c)
Opportunities shall be afforded all parties to present evidence and
argument on all issues involved.
(d)
Any procedure in a contested case may be modified or waived by
stipulation of the parties and informal disposition may be made of any
contested case by stipulation, agreed settlement, consent order, or default.
(e)
For the purpose of agency decisions, the record shall include:
(1) All
pleadings, motions, intermediate rulings;
(2) Evidence
received or considered, including oral
(3) Offers
of proof and rulings thereon;
(4) Proposed
findings and exceptions;
(5) Report
of the officer who presided at the hearing; and
(6) Staff
memoranda submitted to members of the agency in connection with their
consideration of the case.
(f)
It shall not be necessary to transcribe the record unless requested for
purposes of rehearing or court review.
(g)
No matters outside the record shall be considered by the agency in
making its decision except as provided herein.
(h)
Beginning January 1, 2024, each agency shall maintain a website that contains a list of the
agency's open cases
that are not confidential by law. Each website shall provide
access to the documents
that are not confidential by law filed in such cases.
Each agency shall redact personal
information as appropriate. All documents shall be uploaded in
a timely manner to the
website.
(i) Beginning January 1, 2024, each agency shall establish a subscription-based email notification system of all filings made in a contested case proceeding. Any interested party may sign up for the subscription. This web-based notification system shall be deemed to meet the legal requirements for any certification of service requirement only if a party has signed up for the subscription."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 1, 2050.
Report Title:
Administrative Procedure; Contested Cases; Electronic Records
Description:
Beginning January 1, 2024, requires agencies to maintain a website with a list of open contested cases that are not confidential by law; provide access to documents filed that are not confidential by law; and establish a subscription-based email notification system that notifies interested parties of all filings made in a contested case proceeding. (HB274 HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
