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HOUSE CONCURRENT RESOLUTION NO. 28

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Daily Data Tracking History

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HCR028.........................................................by EDUCATION
VOCATIONAL REHABILITATION DIVISION - Stating findings of the Legislature
and rejecting administrative rules of the Division of Vocational
Rehabilitation concerning client appeals and relating to administrative
review and fair hearing.
                                                                        
02/16    House intro - 1st rdg - to printing
02/19    Rpt prt - to Educ
02/23    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
02/27    3rd rdg - ADOPTED - 65-0-5
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
      Jaquet, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
      Marley, McKague, Meyer, Mortensen, Moss, Moyle, Pearce, Pischner,
      Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer,
      Sellman, Shepherd, Smith, Smylie, Stevenson, Tilman, Trail, Wheeler,
      Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Crow, Jones, Montgomery, Stone, Swan
    Floor Sponsor -- Hammond
    Title apvd - to Senate
02/28    Senate intro - 1st rdg - to Educ

Bill Text

                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                             HOUSE CONCURRENT RESOLUTION NO. 28
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                               A CONCURRENT RESOLUTION
  2    STATING FINDINGS OF THE LEGISLATURE AND REJECTING CERTAIN RULES OF  THE  IDAHO
  3        DIVISION OF VOCATIONAL REHABILITATION CONCERNING CLIENT APPEALS AND RELAT-
  4        ING TO ADMINISTRATIVE REVIEW AND FAIR HEARING.
                                                                        
  5    Be It Resolved by the Legislature of the State of Idaho:
                                                                        
  6        WHEREAS,  the  Legislature  is  vested  with authority to reject executive
  7    agency rules under the provisions of Section 67-5291, Idaho Code, in the event
  8    that the Legislature finds that the rules are not consistent with  legislative
  9    intent; and
 10        WHEREAS,  it  is  the finding of the Legislature that certain rules of the
 11    Idaho Division of Vocational  Rehabilitation  concerning  client  appeals  and
 12    relating  to  administrative  review  and fair hearing are not consistent with
 13    legislative intent and should be rejected.
 14        NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
 15    of the Fifty-sixth Idaho Legislature, the House  of  Representatives  and  the
 16    Senate  concurring  therein,  that  IDAPA 47.01.01, Section 100, subsection 02
 17    relating to administrative review and subsection 04 relating to fair  hearing,
 18    rules  of  the  Idaho  Division of Vocational Rehabilitation concerning client
 19    appeals, adopted as pending rules under Docket number  47-0101-0001,  be,  and
 20    the  same  are  hereby  rejected  and  declared null, void and of no force and
 21    effect.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
                                
                           RS RS10906
                                
This concurrent resolution would reject pending rules of the Division
of Vocational Rehabilitation concerning client appeals and relating to
administrative review and fair hearing. The effect of this resolution,
if adopted by both houses, would be to prevent the agency rules from
going into effect.

                                 
                          FISCAL IMPACT
                                
                                
                                
This concurrent resolution has no fiscal impact





Contact
     Name: Rep. Fred Tilman
     Phone:     208 332 1148
Rep. Todd Hammond
     Phone:     208 332 1148











STATEMENT OF PURPOSE/FISCAL NOTE                           HCR 2