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Committee on Retirement and Government Operations |
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Committee on Appropriations |
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Caucus and COW |
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Third Read |
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As Passed the House |
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HB 2216 repeals the Department of Administration, Department of Environmental Quality, the Department of Transportation, and the Department of Economic Security.
HB 2216 failed the Retirement and Government Operations Committee.
A strike-everything amendment will be offered in the Retirement and Government Operations Committee with the following provisions:
The strike-everything amendment to HB 2216 clarifies that the benefits awarded by the industrial commission shall not be interrupted if any party petitions for a hearing or an appeal to a higher court. Therefore, the benefits will continue during the entire appellant process.
Currently, when an order or award is issued by the industrial commission that awards permanent compensation benefits, it shall not be interrupted when there is petition for a hearing or an appeal to a higher court. According to A.R.S. § 23-941, any interested party may file a request for a hearing concerning a claim. This request must be made in writing, signed by or on behalf of the interested party and including address, stating that a hearing is desired, and then filed with the commission. The commission shall refer the request to the administrative law judge division. The presiding law judge may dismiss the request when it appears to the judge’s satisfaction that the disputed issue or the parties have resolved issues. Any interested party who objects to the dismissal may request a review of it. At least 20 days before a hearing, all parties should be notified by mail of the time and place of the hearing.
According to A.R.S. § 23-942, upon the conclusion of any hearing, or prior to concurrence of the parties, the administrative law judge shall promptly and not later than thirty days after the matter is submitted for decision, determine the matter and make an award in accordance with the administrative law judge’s determination. This award than becomes a part of the commission file.
· Clarifies that benefits under this chapter shall not be interrupted if any party petitions for a hearing or an appeal to a higher court.
· Stipulates that benefits will continue through the appeals process.
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45th Legislature
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Second Regular Session 2 March
20, 2002
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