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Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3427 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 1-23-610, RELATING TO JUDICIAL REVIEW OF DECISIONS OF ADMINISTRATIVE LAW JUDGES, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES FOR SUCH A REVIEW AND FOR WHEN SUCH A JUDICIAL REVIEW IS AUTHORIZED.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21742SD.95), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 1-23-380(B) of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"(B) Review by An Administrative Law Judge of a final decision in a shall hear and determine contested case decided by a cases before a professional and occupational licensing board within the Department of Labor, Licensing, and Regulation. shall be done in the same manner prescribed in (A) for circuit court review of final agency decisions, with the presiding Administrative Law Judge exercising the same authority as the circuit court; provided, however, that A party aggrieved by a final decision of an Administrative Law Judge in such a case is entitled to judicial review of that decision by the circuit court under the provisions of (A) of this section and pursuant to Section 1-23-610(C)".

SECTION 2. Section 1-23-600 of the 1976 Code, as last amended by Act 452 of 1994, is further amended to read:

"Section 1-23-600. (A) The hearings and proceedings concerning contested cases must be transcribed and are open to the public unless confidentiality is allowed or required by law. The presiding

(B) An Administrative Law Judge of the division shall preside over all hearings of contested cases as defined in Section 1-23-310 involving the departments of the executive branch of government in which a single hearing officer is authorized or permitted by law or regulation to hear and decide such cases, except those arising under the Occupational Safety and Health Act, those matters which are otherwise provided for in Title 56, those hearings on contested cases conducted by the Coastal Council as provided by law, or those other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by law specifically assigned to the jurisdiction of the Administrative Law Judge Division.

(C) Departments shall notify the Administrative Law Judge Division of all pending contested cases. Upon notification, the chief judge shall assign an Administrative Law Judge to each contested case.

(D) An Administrative Law Judge of the division also shall preside over all hearings of appeals from final decisions of contested cases before professional and occupational licensing boards or commissions within the Department of Labor, Licensing, and Regulation pursuant to Section 1-23-380.

(E) The Administrative Law Judge Division shall hear appeals of final decisions on contested cases made by the Coastal Council as provided by law which shall be a de novo review. Appeal of the final decision of the Administrative Law Judge Division shall be to the Circuit Court as provided in Section 1-23-610.

(E) (F) Notwithstanding the other provisions of this section, cases initiated before May 1, 1994, to which an Administrative Law Judge would be assigned shall be heard and decided by a special hearing officer appointed by the governing authority of the appropriate department. A special hearing officer shall have the same duties and authority as an Administrative Law Judge under the provisions of this article. Cases initiated on or after May 1, 1994, shall be heard and decided by an Administrative Law Judge pursuant to the provisions of this article."

SECTION 3. Section 1-23-610 of the 1976 Code, as last amended by Act 361 of 1994, is further amended to read:

"Section 1-23-610. (A) For quasi-judicial review of any final decision of an Administrative Law Judge of cases involving departments governed by a board or commission authorized to exercise the sovereignty of the

(C) For judicial review of any final decision of an Administrative Law Judge of cases involving professional and occupational licensing boards within the Department of Labor, Licensing, and Regulation, a petition by an aggrieved party must be filed with the Circuit Court and served on the opposing party not more than thirty days after the party receives the final decision and order of the Administrative Law Judge. Appeal in these matters is by right.

(D) (B) The review of the Administrative Law Judge's order must be confined to the record. The reviewing tribunal court may affirm the decision or remand the case for further proceedings; or it may reverse or modify the decision if the substantive rights of the petitioner has have been prejudiced because of the finding, conclusion, or decision is:

(a) in violation of constitutional or statutory provisions;

(b) in excess of the statutory authority of the agency;

(c) made upon unlawful procedure;

(d) affected by other error of law;

(e) clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

(f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

Where appropriations in the annual general appropriations act, or where fees, fines, forfeitures or revenues imposed or collected by agencies or commissions were required to be used for the hearing of contested cases, such appropriations or monies must continue to be used for these purposes after the effective date of this article."

SECTION 4. Section 3-5-140 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

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