Licensee Discipline Mediation State Agency

Administrative procedure act - procedures for disciplining licensed individuals - mediation - appropriation. When disciplinary proceedings concern an individual who is licensed to practice an occupation, the act requires an administrative law judge or hearing officer to order mediation upon the motion of the state agency or licensee after the licensee receives the notice of hearing. If mediation is ordered, a state agency must:

• Assign a person who has authority to make prehearing decisions concerning disposition of the issue to be present in settlement and mediation meetings and included in material settlement communications with the licensee; and
• Allow a public or private mediator—at the expense of the licensee when the mediator is privately retained—upon the licensee's request to be present during meetings and included in material settlement communications.

Administrative law judges are instructed to make themselves available for mediation, without cost, if feasible. Procedures are set for mediation. If mediation fails, the state agency may continue to seek discipline upon instituting a disciplinary hearing against a licensee.

By January 1, 2022, the office of administrative courts and the division of professions and occupations in the department of regulatory agencies are required to jointly report to specified legislative committees certain information about hearings, mediations, and proceedings held before and after the effective date of the act.

Preexisting law requires state agencies to give a licensee:

• Notice of facts or conduct that may warrant revocation, suspension, annulment, limitation, or modification of a license;
• An opportunity to submit written data, views, and arguments with respect to the facts or conduct; and
• A reasonable opportunity to comply with all lawful requirements except for a willful violation or violation that is a danger to public health and safety.

Section 3 of the act clarifies that a court may overturn discipline for a failure to follow the requirements of preexisting law or to submit to mediation.

$125,356 is appropriated to the department of regulatory agencies from the division of professions and occupations cash fund to implement the act. From that appropriation, $19,917 is reappropriated to the department of personnel for use by the office of administrative courts to provide administrative law judge services and $64,575 is reappropriated to the department of law to provide legal services.

(Note: This summary applies to this bill as enacted.)