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Introduced House Bill (H)

DIGEST

Administrative proceedings and state agencies. Provides that, in an adjudicative administrative proceeding concerning an agency action, the administrative law judge shall order the agency to pay the reasonable attorney's fees incurred by the party challenging the agency action if the administrative law judge makes a finding that the agency action was: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity; (3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (4) without observance of procedure required by law; or (5) not supported Administrative proceedings and state agencies. Provides that, in an adjudicative administrative proceeding concerning an agency action, the administrative law judge shall order the agency to pay the reasonable attorney's fees incurred by the party challenging the agency action if the administrative law judge makes a finding that the agency action was: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity; (3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (4) without observance of procedure required by law; or (5) not supported by substantial evidence. Requires the director of the department of natural resources (director) to issue a permit for the construction of a structure in a floodway if the director determines that the structure will not: (1) adversely affect the efficiency of or unduly restrict the capacity of the floodway; (2) constitute an unreasonable hazard to the safety of life or property; or (3) result in unreasonably detrimental effects upon fish, wildlife, or botanical resources. Eliminates the provision of current law under which the director may not issue the permit unless the applicant clearly proves that the structure will not do any of those three things. Prohibits the director from determining that the construction of a structure in a floodway will adversely affect the efficiency of the floodway or unduly restrict the capacity of the floodway if the construction of the structure would increase the regulatory flood elevation of the floodway by less than fifteen-hundredths of a foot. ... View more