HB0192 Hosmer, Craig Smith, Philip

C O M M I T T E E

HB 192, HCA 1, 2 -- ADMINISTRATIVE PROCEDURES

CO-SPONSORS: Hosmer, Smith

COMMITTEE ACTION: Voted "do pass" by the Committee on Civil and Criminal Law by a vote of 14 to 0.

This bill grants rulemaking authority regarding discovery to agencies authorized to hear a contested case. Such agencies may adopt any Supreme Court rules on discovery used in civil circuit court. The bill also grants to the agencies themselves the authority to enforce their discovery orders. Current law grants that authority only to commissioners of the Administrative Hearing Commission.

The bill also requires an agency hearing a contested case to include, as part of its notice to all necessary parties, the location in the Code of State Regulations of any rules of the agency regarding discovery.

HCA 1 -- extends the right to appeal an administrative decision from 30 to 90 days.

HCA 2 -- removes the dual jurisdictional option and allows the person seeking enforcement to request the hearing be held in the county of origin.

FISCAL NOTE: No impact on state funds.

PROPONENTS: Supporters say that the bill gives agencies rulemaking authority and flexibility in dealing with discovery rules and procedures.

Testifying for the bill were Representative Hosmer; and the Administrative Law Committee of the Missouri Bar.

OPPONENTS: There was no opposition voiced to the committee.

Michael Warrick, Research Analyst