SENATE BILL REPORT

HB 1447

BYRepresentatives H. Sommers  and Hankins; by request of Department of Community Development

Providing for an administrative hearing on the denial of fireworks licenses.

House Committe on State Government

Senate Committee on Governmental Operations

Senate Hearing Date(s):

Senate Staff:Desley Brooks (786-7443); Barbara Howard (786-7410)

AS OF FEBRUARY 12, 1988

BACKGROUND:

Prior to 1985, the duties of the State Fire Marshal were performed by the Insurance Commissioner, including the issuing of licenses for the manufacture, importation, sale or use of fireworks.  In 1985 the Legislature transferred the duties of the fire marshal to a newly created State Fire Protection Board, which in 1986 became part of the Department of Community Development.

Although the Director of Fire Protection in the department now issues fireworks licenses, the laws dealing with fireworks continue to provide that a person denied a license is entitled to a hearing under the insurance appeal provision.

SUMMARY:

The appeal procedure for a person denied a fireworks license is changed from the insurance appeal provision to the Administrative Procedure Act.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested