Brief(1)
H.B. 2126 would make changes to the Kansas Administrative Procedure Act (KAPA) concerning state agencies and presiding officers, as follows.
Expansion of Responsibilities--Office of Administrative Hearings. The bill creates a new central Office of Administrative Hearings (OAH) within the Department of Administration. The bill also establishes a director of OAH. All powers and duties of the current office of administrative hearing and the Secretary of Administration would be transferred to OAH and the director. The OAH would provide for presiding officers to conduct administrative hearings. Presiding officers under the current setup and all support personnel involved with KAPA hearings will be transferred to OAH. All property and records will also transfer. In addition, all funds under the current system will transfer to OAH. These funds can only be used for the original purpose for which they were appropriated. These provisions are effective on July 1, 2003.
Phase in Provisions. Cabinet level agencies as well as small boards or commissions would be phased in under the new provisions each year. By fiscal year 2003, the OAH will become an independent agency within the executive branch of government.
Agencies Affected--Time Frame. The various agencies will come under the OAH as follows:
Year 1--Effective July 1, 1999
Department of Social and Rehabilitation Services
Juvenile Justice Authority
Department on Aging
State Board of Pharmacy
Board of Nursing
Kansas Board of Examiners in Fitting and Dispensing of
Hearing Aids
Board of Examiners in Optometry
Emergency Medical Services Board
Kansas Dental Board
Emergency Medical Services Council
Kansas Human Rights Commission
Year 2--Effective July 1, 2000
Kansas Department of Wildlife and Parks
Department of Revenue
State Board of Veterinary Examiners
Behavioral Sciences Regulatory Board
Kansas Real Estate Commission
Real Estate Appraisal Board
State Board of Mortuary Arts
State Board of Cosmetology
Kansas Board of Barbering
State Board of Technical Professions
State Board of Tax Appeals
Year 3--Effective July 1, 2001
Department of Health and Environment
State Board of Healing Arts
Kansas Lottery
Kansas Racing Commission
Kansas State Banking Board
Consumer Credit Commissioner
State Department of Credit Unions
Office of the Securities Commissioner of Kansas
Kansas Public Employees Retirement System
Board of Adult Care Home Administrators
State Treasurer
Board of Accountancy
Pooled Money Investment Board
Year 4--Effective July 1, 2002
Department of Agriculture
Department of Human Rights
State Corporation Commission
State Conservation Commission
Kansas Water Office
Agriculture Labor Relations Board
Kansas Animal Health Department
Kansas State Grain Inspection Department
Kansas Wheat Commission
Citizens' Utility Ratepayer Board
Year 5--Effective July 1, 2003
All other KAPA hearings, including:
Department of Administration
State Fire Marshal
Secretary of State
Kansas Insurance Department
Health Care Stabilization Fund
Kansas Commission on Governmental Standards and Conduct
Kansas Bureau of Investigation
Background
Supporters of the bill included a conferee from the Judicial Council, a Washburn University Law School Professor, and the Kansas Bar Association.
Opposition was expressed on behalf of the Kansas Department of Health and Environment, the Department of Administration, the Kansas Corporation Commission, the Department of Agriculture, the Kansas State Board of Nursing, and the Kansas Water Office.
The fiscal note indicates for some agencies the fiscal impact could be significant although some of the agencies affected indicate the bill would have no fiscal impact.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html