Administrative Rule Review Report  #AR10-078

Legislative Service Office

23-Nov-10

 

AGENCY:                                 Department of Family Services.

 

DATE SUBMITTED:                   November 15, 2010.

 

SUBJECT:                                 Chappter1, Contested Case Hearing Procedures.

 

NATURE OF RULES:                     Legislative and procedural.

 

STATUTORY AUTHORITY:         W.S. 9-2-2104(a)(vii), 14-3-215(b).

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:             Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d). No comments have been received to date.

 

SUMMARY OF RULES:        These amended rules implement Laws 2009 Ch. 127, which gives the Office of Administrative Hearings authority to make final administrative decisions in child abuse/neglect cases and DFS the right to appeal those decisions to the District Court.  Under prior law, the Office of Administrative Hearings made recommended decisions and the Department director made the final administrative decision.  Other contested case hearings will continue to be before a hearing office appointed by the director, with the director making the final administrative determination.  The amendments also clarify which determinations involve a right to a hearing and update terminology throughout the rules.

 

FINDINGS:     Apparently complete to date.

 

STAFF RECOMMENDATION:         That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

 

 

 

                                                            _______________________

                                                            Gerald W. Laska

                                                            Staff Attorney

 

 

                                                            _______________________

                                                            Lynda G. Cook

                                                            Staff Attorney

 

 

GWL/