Administrative Process Act; ex parte communications. (SB206)

Introduced By

Sen. John Edwards (D-Roanoke)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Administrative Process Act; ex parte communications. Provides that, during the period that a hearing is pending, a hearing officer is prohibited from communicating with any person concerning the hearing without notice and opportunity for all parties to participate in the communication. The bill also provides that a hearing officer may communicate about a pending hearing in instances where the communication is authorized by law, involves a ministerial matter, or does not augment, diminish, or modify the evidence in the record. In addition, the bill establishes the procedures to be followed if a hearing officer makes or receives a prohibited communication and the relief that a hearing officer may provide in such instances. The bill is the recommendation of the Administrative Law Advisory Committee and has been approved by the Virginia Code Commission. Read the Bill »

Status

03/25/2016: signed by governor

History

DateAction
01/05/2016Prefiled and ordered printed; offered 01/13/16 16100686D
01/05/2016Referred to Committee on General Laws and Technology
01/18/2016Impact statement from DPB (SB206)
01/25/2016Reported from General Laws and Technology (14-Y 0-N) (see vote tally)
01/27/2016Constitutional reading dispensed (40-Y 0-N) (see vote tally)
01/28/2016Read second time and engrossed
01/29/2016Read third time and passed Senate (40-Y 0-N) (see vote tally)
02/03/2016Placed on Calendar
02/03/2016Read first time
02/03/2016Referred to Committee on General Laws
02/17/2016Assigned GL sub: Subcommittee #4
02/18/2016Subcommittee recommends reporting with amendment(s) (7-Y 0-N)
02/23/2016Reported from General Laws with amendment (22-Y 0-N) (see vote tally)
02/24/2016Read second time
02/25/2016Read third time
02/25/2016Committee amendment agreed to
02/25/2016Engrossed by House as amended
02/25/2016Passed House with amendment BLOCK VOTE (99-Y 0-N)
02/25/2016VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
02/25/2016Reconsideration of House passage agreed to by House
02/25/2016Passed House with amendment BLOCK VOTE (100-Y 0-N)
02/25/2016VOTE: BLOCK VOTE PASSAGE #2 (100-Y 0-N) (see vote tally)
02/29/2016House amendment agreed to by Senate (38-Y 0-N) (see vote tally)
03/01/2016Enrolled
03/01/2016Bill text as passed Senate and House (SB206ER)
03/01/2016Impact statement from DPB (SB206ER)
03/01/2016Signed by Speaker
03/04/2016Signed by President
03/07/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/07/2016Enrolled Bill Communicated to Governor on 3/7/2016
03/07/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016
03/25/2016G Approved by Governor-Chapter 478 (effective 7/1/16)
03/25/2016G Acts of Assembly Chapter text (CHAP0478)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 1 minute.

Transcript

This is a transcript of the video clips in which this bill is discussed.

WITH AMENDMENT. THE SENATOR FROM ROANOKE CITY, SENATOR EDWARDS. MR. PRESIDENT, I MOVE THAT WE ACCEPT THE HOUSE AMENDMENT AND BY WAY OF EXPLANATION, MR. PRESIDENT, SENATE BILL 206 IS ADMINISTRATIVE PROCESS ACT BUILDING WITH EX-PARTE COMMUNICATIONS REGARDING HEARING OFFICERS AND THE ONLY THING THE HOUSE DID WAS PUT AN ENACTMENT CLAUSE PROVIDING FOR DEPARTMENT OF MED SAL ASSISTANCE SERVICES AND SAID NOTHING IN THE ACTION BE CONSTRUED TO CONSTER VINE THE EXPRESS PROVISIONS OF SECTION 32.1-3, 25.1 A PROVISION DEALING WITH THE DEPARTMENT OF MEDICAL ASSISTANCE SERVICES ADMINISTRATIVE PROCESS. THAT EXPLANATION I MOVE THAT THE AMENDMENT BE ADOPTED.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE REQUEST HE IS SHALL THE SENATE CONCUR WITH THE HOUSE ALL IN FAVOR OF THE MOTION WILL. AMENDMENT. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CH ANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 38, NOS 0. AYES 38, NOS 0. THE SENATE CONCURS WITH THE HOUSE AMENDMENT. SENATE BILL 207 PASSED THE HOUSE WITH AMENDMENT. THE SENATOR FROM ROANOKE CITY, SENATOR EDWARDS. I MOVE THAT THE SENATE CONCUR IN THE HOUSE AMENDMENTS.