Reference is to Printer's Date 3/8/17-S.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 1-23-600(H) of the 1976 Code, as last amended by Act 334 of 2008, is further amended to read:
"(H)(1) This
subsection applies to timely requests for a contested case
hearing pursuant to this section of decisions by departments
governed by a board or commission authorized to exercise the
sovereignty of the State.
(2)
A request for a contested case hearing for an agency order
stays the order. A request for a contested case hearing for an
order to revoke or suspend a license stays the revocation or
suspension. A request for a contested case hearing for a
decision to renew a license for an ongoing activity stays the
renewed license, the previous license remaining in effect
pending completion of administrative review. A request for a
contested case hearing for a decision to issue a new license
stays all actions for which the license is a prerequisite;
however, matters not affected by the request may not be stayed
by the filing of the request. If the request is filed for a
subsequent license related to issues substantially similar to
those considered in a previously licensed matter, the license
may not be automatically stayed by the filing of the request.
If the requesting party asserts in the request that the issues
are not substantially similar to those considered in a
previously licensed matter, then the license must be stayed
until further order of the Administrative Law Court. Requests
for contested case hearings challenging only the amount of fines
or penalties must be deemed considered
not to affect those portions of such orders imposing
substantive requirements.
(3)
The general rule of subsection (H)(2) does not stay
emergency actions taken by an agency pursuant to an applicable
statute or regulation.
(4)(a)
Thirty days after a contested case is
initiated before the Administrative Law Court, a party may move
before the presiding administrative law judge to lift the stay
imposed pursuant to this subsection. A hearing must be held
within thirty days after any party files a motion with the court
and serves the motion upon the parties. Upon motion
by any party, the The court shall lift the stay
for good cause shown or if no irreparable harm will
occur, then the stay shall be lifted unless the
party that requested a contested case hearing proves: (i) the
likelihood of irreparable harm if the stay is lifted, (ii) the
substantial likelihood that the party requesting the contested
case and stay will succeed on the merits of the case, (iii) the
balance of equities weigh in favor of continuing the stay, and
(iv) continuing the stay serves the public interest.
A hearing must be held within thirty days after the
motion is filed with the court and served upon the parties to
lift the automatic stay or for a determination of the
applicability of the automatic stay. The judge must
issue an order no later than fifteen business days after the
hearing is concluded.
(b)
Notwithstanding any other provision of law, in a
contested case arising under this subsection, the Administrative
Law Court shall file a final decision on the merits of the case
no later than twelve months after the contested case is filed
with the Clerk of the Administrative Law Court, unless all
parties to the contested case consent to an extension or the
court finds substantial cause otherwise.
(5)
A final decision issued by the Administrative Law Court in
a contested case may not be stayed except by order of the
Administrative Law Court or the court of appeals.
(6)
Nothing contained in this subsection constitutes a
limitation on the authority of the Administrative Law Court to
impose a stay as otherwise provided by statute or by rule of
court." /
Renumber sections to conform.
Amend title to conform.