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Bill > HB415
MS HB415
MS HB415Office of Independent State Hearing Officers; create to hear and decide matters for persons as alternative to agency hearing officers.
summary
Introduced
01/10/2025
01/10/2025
In Committee
01/10/2025
01/10/2025
Crossed Over
Passed
Dead
02/04/2025
02/04/2025
Introduced Session
2025 Regular Session
Bill Summary
An Act To Create The Office Of Independent State Hearing Officers To Provide Hearing Officers To Conduct Hearings, Compile Evidence And Render Decisions On Matters For Persons Or Entities That Have Issues Before State Agencies; To Provide That The Office Shall Be Headed By A Director Who Is Appointed By The Governor For A Term Of Four Years And Who May Be Removed From Office Only For Cause; To Provide That The Office Shall Be Housed At The Department Of Finance And Administration And Shall Be Funded From Funds That Are Specifically Appropriated To The Department For That Purpose; To Provide That The Director Shall Contract With At Least Five Persons To Serve As Hearing Officers; To Provide That When A Person Or Entity Has An Issue Before A State Agency And The State Agency Has Its Own Hearing Officer, The Person Or Entity May Elect At Its Option To Have A Hearing Officer From The Office Of Independent State Hearing Officers Hear And Decide The Matters At Issue, As An Alternative To Having A Hearing Officer Of The State Agency; To Provide That If A Person Or Entity Elects To Have A Hearing Officer From The Office, The Director Of The Office Shall Assign One Of The Hearing Officers On A Rotating Basis To Hear And Decide The Matters At Issue; To Provide That A Person Or Entity Or State Agency May Appeal The Decision Of A Hearing Officer To A Panel Of Three Hearing Officers Of The Office Who Were Not Involved In The Hearing And Decision; To Provide That Any Person Or Entity Or State Agency Aggrieved By A Final Decision Of The Appeals Panel Shall Be Entitled To Judicial Review Of The Decision; And For Related Purposes.
AI Summary
This bill creates the Office of Independent State Hearing Officers, a new state entity that provides an alternative dispute resolution mechanism for individuals or organizations with issues before state agencies. The office will be led by a director appointed by the Governor for a four-year term and housed within the Department of Finance and Administration. The director will contract with at least five experienced hearing officers who can be assigned to hear cases on a rotating basis when a person or entity wishes to use an independent hearing officer instead of an agency's internal hearing officer. The bill establishes a multilayered review process: first, a hearing officer will make an initial decision; second, if appealed, a three-person panel of hearing officers not involved in the original hearing will review the case de novo (as a completely new hearing); and third, if still unsatisfied, the party can seek judicial review in the Hinds County Circuit Court. The court's review is limited and can only overturn the appeals panel's decision if it finds the decision was not supported by substantial evidence, was arbitrary or capricious, or violated a statutory or constitutional right. The law is set to take effect on July 1, 2025, and is designed to provide a more impartial and independent hearing process for state agency disputes.
Committee Categories
Government Affairs
Sponsors (1)
Last Action
Died In Committee (on 02/04/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://billstatus.ls.state.ms.us/2025/pdf/history/HB/HB0415.xml |
| BillText | https://billstatus.ls.state.ms.us/documents/2025/html/HB/0400-0499/HB0415IN.htm |
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