"An Act relating to judicial relief before final administrative decisions of state agencies."

Senate Bill 333 allows a person (petitioner) who is unable to obtain a final administrative decision from a government agency to ask the Superior Court for assistance.

Under the present system, the agency regulators have the power to keep a petitioner tied up in its process for extended periods of time. Long delays can mean high costs to the state, the petitioner and damage to the integrity of the administrative process itself. High costs are especially onerous to smaller businesses or individuals.

The legislature does not intend that agencies be able to tie up petitioners for unreasonable lengths of time. Since the judiciary requires administrative remedies to be exhausted before taking the matter up in court, abuse of agency authority can actually block or unduly delay due process.

For instance, if a state agency fears losing a contested rule in court, it has the ability to effectively delay judicial review by refusing to issue a final administrative decision.

Senate Bill 333 is an integral part of three-phase regulation reform package.

• Senate Bill 203 reforms the internal administrative hearing process.
• Senate Bill 287 reforms the initial phases of the regulatory process.
• Senate Bill 333 reforms the final phases of the administrative process.

# # #

38 Viewer(s)