THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

INTRODUCED BY CALTAGIRONE, BRENNAN, COHEN, D. COSTA, CUTLER, FABRIZIO, KORTZ, KOTIK, MILNE, MURT, READSHAW AND REICHLEY, APRIL 27, 2011

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 1, 2012   

A RESOLUTION

Directing the Joint State Government Commission to study and

make recommendations to the General Assembly on the practice

of administrative law before the Commonwealth's hearing

boards.

WHEREAS, Several departments and independent agencies of the

Commonwealth engage in adjudicatory review of actions which the

department, independent agency or the public initiate in order

to further the department's purposes; and

WHEREAS, Although Title 2 of the Pennsylvania Consolidated

Statutes provides for a uniform system of adjudicatory review,

it does not provide for efficiency in hiring and training of

hearing officers and administrative law judges, nor does it

provide for uniform docketing procedures and centralized

publication of adjudicatory decisions; and

WHEREAS, The legislative and executive branches of government

in the Commonwealth engage in investigating cost-cutting

measures in order to create balanced and fair budgets; and

WHEREAS, Streamlining the adjudicatory practice of

administrative law could be a means to cut costs for future

budgets and help shape a balanced budget; therefore be it

RESOLVED, That the House of Representatives direct the Joint

State Government Commission to study and make recommendations to

the General Assembly on the practice of administrative law

within the Commonwealth; and be it further

RESOLVED, In conducting this study, the Joint State

Government Commission is urged to identify areas for improvement

and reform, including, but not limited to, the following:

(1)  Identification of uniform professional

qualifications and standards of hearing officers and

administrative law judges.

(2)  Identification of a centralized system for selection

and oversight of all hearing officers and administrative law

judges.

(3)  Identification of need and assignment of

responsibility based on subject matter specificity.

(4)  Separation of advocacy and adjudicatory roles within

each agency.

(5)  Determination of the need to create a uniform and

understandable docketing system.

(6)  Identification of a centralized publicly accessible

system to improve access to decisions and opinions.

(7)  The need for consistent use of the rules of

evidence.

(8)  Identification of possible cost savings by

eliminating duplication and redundancy and by enhancing

ability to use resources to meet current needs;

and be it further

RESOLVED, That the Joint State Government Commission file its

report with the State Government Committee of the House of

Representatives no later than nine 12 months after the passage

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of this resolution.