SENATE BILL REPORT

                                   SHB 1847

                            AS OF FEBRUARY 24, 1992

Brief Description:  Prohibiting any person who has worked for an agency from becoming an administrative law judge for that agency for two years.

SPONSORS:House Committee on State Government (originally sponsored by Representatives Van Luven, Grant, McLean, Sheldon, Tate, Ferguson, Bowman, Chandler and Paris).

HOUSE COMMITTEE ON STATE GOVERNMENT

SENATE COMMITTEE ON GOVERNMENTAL OPERATIONS

Staff:  Rod McAulay (786‑7754)

Hearing Dates:March 26, 1991

BACKGROUND:

State law governing the Office of Administrative Hearings permits any party to a hearing being conducted by administrative law judge appointed by the office to file a motion of prejudice against the judge assigned to the hearing.  The motion must be filed with the state's chief administrative law judge.  The first such motion filed by a party must be automatically granted.

SUMMARY:

The Executive Conflict of Interest Act is amended.  A person formerly employed by a state agency may not act as an administrative law judge in any hearing, rule-making, or investigatory proceeding involving an action of that agency for a period of two years following employment by the agency.

The laws governing administrative law judges are also amended.  All motions of prejudice filed with the chief of the Office of Administrative Hearings against a judge assigned by the office to a hearing must be automatically granted if the judge was, within the last two years, an employee of an agency which is a party to the action being heard.

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested