HOUSE OF REPRESENTATIVES

149th GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

HOUSE BILL NO. 45

AMEND House Bill No. 45 on line 14 by deleting " subpoenas " after " hearing " and before the period therein and inserting in lieu thereof " evidence ".

FURTHER AMEND House Bill No. 45 on line 19 by inserting " With respect to non-parties who are not subject to subpoena, the administrative hearing officer is empowered to issue commissions to allow for testimony or other evidence to be obtained for presentation at an administrative hearing. The administrative hearing officer shall, prior to issuing a subpoena or commission, ensure that the subpoena or commission does not impose undue burden or expense on the person subject to the subpoena or commission. " after the first occurrence of the period therein.

SYNOPSIS

This amendment clarifies that if a non-party is not subject to subpoena, the administrative hearing officer is permitted to issue a commission so that evidence can be obtained from a jurisdiction where the non-party is subject to subpoena or other process. This amendment also provides that the administrative hearing officer shall, prior to issuing a subpoena or commission, ensure that the subpoena or commission does not impose an undue burden or expense on the person subject to the subpoena or commission.