HB18-1224

HB18-1224 - Licensee Discipline Mediation State Agency

Passed/Signed into Law
Concerning the process that is due for the imposition of discipline that affects a person's ability to practice an occupation, and, in connection therewith, requiring the parties to submit to mediation and making an appropriation.

Current law requires state agencies to give a licensee:

 

  • Notice of facts or conduct that may warrant revocation, suspension, annulment, limitation, or modification of a license;
  • An opportunity to submit written data, views, and arguments with respect to the facts or conduct; and
  • A reasonable opportunity to comply with all lawful requirements except for a willful violation or violation that is a danger to public health and safety.

When a matter pertains to an individual who is licensed to practice an occupation, if mediation is ordered, section 2 of the bill requires a state agency to do the following upon the motion of the agency or licensee after the licensee receives the notice of hearing:

  • To include a person who has authority to make prehearing decisions concerning disposition of the issue in settlement and mediation meetings and communications with the licensee; and
  • To include a public or private mediator—at the expense of the licensee when the mediator is privately retained—upon the licensee's request.

Administrative law judges are instructed to make themselves available for mediation, without cost, if feasible. Procedures are set for mediation. If mediation fails, the agency may continue to seek discipline upon instituting a disciplinary hearing against a licensee. The office of administrative courts and the division of professions and occupations in the department of regulatory agencies are required to report to specified legislative committees certain information about hearings, mediations, and proceedings held between July 2019 and July 2021.

Section 3 of the bill clarifies that a court may overturn discipline for a failure to follow the requirements of current law or to submit to mediation.

$125,356 is appropriated to the department of regulatory agencies from the division of professions and occupations cash fund to implement the bill. From that appropriation $19,917 is appropriated to the department of personnel for use by the office of administrative courts and $64,575 is appropriated to the department of law.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

 

Latest update: May 29, 2018
05/29/2018 - Governor Signed
05/16/2018 - Sent to the Governor
05/16/2018 - Signed by the President of the Senate
05/16/2018 - Signed by the Speaker of the House
05/07/2018 - House Considered Senate Amendments - Result was to Concur - Repass
05/04/2018 - Senate Third Reading Passed - No Amendments
05/03/2018 - Senate Second Reading Special Order - Passed with Amendments - Committee
05/02/2018 - Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
05/01/2018 - Senate Committee on Finance Refer Amended to Appropriations
04/25/2018 - Introduced In Senate - Assigned to Finance
04/25/2018 - House Third Reading Passed - No Amendments
04/24/2018 - House Second Reading Special Order - Passed with Amendments - Committee
04/23/2018 - House Committee on Appropriations Refer Amended to House Committee of the Whole
04/18/2018 - House Committee on Finance Refer Unamended to Appropriations
04/11/2018 - House Committee on State, Veterans, & Military Affairs Refer Amended to Finance
03/22/2018 - House Committee on State, Veterans, & Military Affairs Witness Testimony and/or Committee Discussion Only
02/05/2018 - Introduced In House - Assigned to State, Veterans, & Military Affairs