Administrative Process Act; reconsideration of formal hearings, litigated issues, report. (SB207)

Introduced By

Sen. John Edwards (D-Roanoke)

Progress

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

Description

Administrative Process Act; reconsideration of formal hearings. Provides a procedure for a party to file a petition for reconsideration of an agency's decision from a formal hearing under the Administrative Process Act (APA). The bill requires the agency to render a written decision on a party's timely petition for reconsideration within 30 days and may deny the petition, modify the decision, or vacate the decision and set a new hearing for further proceedings. The agency shall state the reasons for its action. The bill also provides for the reconsideration of other decisions of a policy-making board of a state agency. If reconsideration is sought for the decision of a board, the board may (i) consider the petition for reconsideration at its next regularly scheduled meeting, (ii) schedule a special meeting to consider and decide upon the petition within 30 days of receipt, or (iii) delegate authority to consider the petition to either the board chairman, a subcommittee of the board, or the director of the state agency that provides administrative support to the board. The bill is the recommendation of the Administrative Law Advisory Committee and has been approved by the Virginia Code Commission. Read the Bill »

Status

04/04/2016: signed by governor

History

DateAction
01/05/2016Prefiled and ordered printed; offered 01/13/16 16100687D
01/05/2016Referred to Committee on General Laws and Technology
01/18/2016Impact statement from DPB (SB207)
01/25/2016Reported from General Laws and Technology with substitute (7-Y 4-N 3-A) (see vote tally)
01/25/2016Committee substitute printed 16104711D-S1
01/27/2016Constitutional reading dispensed (40-Y 0-N) (see vote tally)
01/28/2016Impact statement from DPB (SB207S1)
01/28/2016Read second time
01/28/2016Reading of substitute waived
01/28/2016Committee substitute agreed to 16104711D-S1
01/28/2016Reading of amendment waived
01/28/2016Amendment by Senator Petersen agreed to
01/28/2016Engrossed by Senate - committee substitute with amendment SB207ES1
01/28/2016Printed as engrossed 16104711D-ES1
01/29/2016Read third time and passed Senate (23-Y 16-N) (see vote tally)
01/29/2016Impact statement from DPB (SB207ES1)
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 amendments (21-Y 0-N) (see vote tally)
02/24/2016Read second time
02/25/2016Read third time
02/25/2016Committee amendments agreed to
02/25/2016Engrossed by House as amended
02/25/2016Passed House with amendments (98-Y 0-N 1-A)
02/25/2016VOTE: PASSAGE (98-Y 0-N 1-A) (see vote tally)
02/29/2016House amendments agreed to by Senate (29-Y 7-N 1-A) (see vote tally)
02/29/2016Reconsideration of House amendments agreed to by Senate (37-Y 0-N) (see vote tally)
02/29/2016House amendments agreed to by Senate (25-Y 13-N) (see vote tally)
03/01/2016Enrolled
03/01/2016Bill text as passed Senate and House (SB207ER)
03/01/2016Impact statement from DPB (SB207ER)
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
04/04/2016G Approved by Governor-Chapter 694 (effective 7/1/16)
04/04/2016G Acts of Assembly Chapter text (CHAP0694)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 3 minutes.

Transcript

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



Del. Bill Howell (R-Fredericksburg): SHENANDOAH.

Del. Todd Gilbert (R-Woodstock): THANK YOU MR. SPEAKER. MR. SPEAKER, LADIES AND GENTLEMEN, THIS BILL IS ANOTHER RECOMMENDATION OF THE CODE COMMISSION THAT ALLOWS OR PUTS IN PLACE A PROCESS BY WHICH A PARTY CAN APPEAL AND HAVE RECONSIDERED A RULING OF THE JUDGE IN AN ADMINISTRATIVE PROCESS ACT HEARING AND I MOVE THE BILL PASS.


[Unknown]: MR. PRESIDENT, I RENEW MY MOTION THAT THE SENATE CONCUR IN THE HOUSE AMENDMENTS. THANK YOU, SENATOR. THE QUESTION IS SHALL THE SENATE CONCUR WITH THE HOUSE AMENDMENTS. ALL IN FAVOR OF THE MOTION WILL. 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. AYES 25, NOS 13. AYES 25, NOS 13. THE SENATE CONCURS WITH THE HOUSE AMENDMENTS. SENATE BILL 556 PASSED THE HOUSE WITH A SUBSTITUTE. THE JUNIOR SENATOR FROM LOUDOUN, SENATOR WEXTON.