SB 1188 Summary

• Establishes a Division of Administrative Hearings within the Department of Administrative Services, effective October 1, 2011, to conduct impartial hearings in contested cases and headed by a Chief Administrative Law Adjudicator appointed by the Governor with General Assembly consent for six-year terms.

• Transfers full-time and permanent part-time employees from agencies whose primary duties involve conducting hearings and issuing decisions to the new Division, with protection of salaries, seniority, benefits, and collective bargaining rights.

• Requires the Division to conduct hearings and issue decisions for contested cases involving the Department of Children and Families, Department of Transportation, Commission on Human Rights and Opportunities, Department of Motor Vehicles, and Department of Consumer Protection, effective January 1, 2012.

• Establishes qualifications and powers for administrative law adjudicators, including at least two years of law practice experience (except for transferred employees) and authority to conduct hearings, manage settlement negotiations, and issue proposed final decisions that become final unless modified by the agency within 21 days.

• Modifies administrative procedure statutes to incorporate the Division's role in contested case proceedings, including revised timelines for decisions (90 days), notice requirements, and appeal procedures to Superior Court.