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Program A: Administration

Program Authorization: R.S.49:991-999

PROGRAM DESCRIPTION

The mission of the Administration Program is to provide a neutral forum for handling administrative hearings for certain state agencies, with respect for the dignity of individuals and their due process rights.

The goals of the Administration Program are:

  1. Provide due process to the citizens of the state and to the executive branch agencies, through fair hearings conducted by independent and impartial administrative law judges.
  2. Maintain the independence and integrity of the Division of Administrative law and protect the role of the administrative law judge as an impartial hearing officer.
  3. Continue to develop a more efficient and fair hearing and decision process.

The Division of Administrative Law (DAL) handles and conducts adjudications for executive branch agencies and issues final decisions in those cases.

OBJECTIVES AND PERFORMANCE INDICATORS

Unless otherwise indicated, all objectives are to be accomplished during or by the end of FY 1999-2000. Performance indicators are made up of two parts: name and value. The indicator name describes what is being measured. The indicator value is the numeric value or level achieved within a given measurement period. For budgeting purposes, performance indicator values are shown for the prior fiscal year, the current fiscal year, and alternative funding scenarios (continuation budget level and Executive Budget recommendation level) for the ensuing fiscal year (the fiscal year of the budget document).

Explanatory Note: The DAL began October 1, 1996, as Louisiana's first centralized administrative hearings division. The DAL is still in the "start-up" phase. The division's caseload is still being determined, as agencies continue to forward new cases, new agencies and/or new programs begin enforcement actions that lead to administrative hearings, and judicial challenges to agencies' non-transfer of their adjudications to DAL are resolved. The numbers and types of cases that the DAL is likely to receive as a result of new laws and rules enforced by other agencies are not determinable in advance and could fluctuate greatly. Legislative changes to the DAL's statutory list of included or exempted agencies can occur. Litigation among agencies and respondent persons, contesting the DAL's jurisdiction to conduct particular types of hearings, is expected to continue. These external factors are largely outside the DAL's control and can affect attainment of the DAL's objectives.

 

 

 

RESOURCE ALLOCATION FOR THE PROGRAM

SOURCE OF FUNDING

This program is funded with State General Fund, Interagency Transfers, and Fees and Self-generated Revenues. The Interagency Transfers are from various state agencies for which the Division of Administrative Law conducts administrative hearings. The Fees and Self-generated Revenues are derived from the sale of transcripts.

ANALYSIS OF RECOMMENDATION

GENERAL FUND

TOTAL

T.O.

DESCRIPTION

 

 

 

 

 

$346,036

$1,879,004

33

 

ACT 19 FISCAL YEAR 1998-1999

 

 

 

 

 

 

 

 

 

BA-7 TRANSACTIONS:

$92,798

$92,798

0

 

Carry forward for office furniture, equipment, and three vehicles

 

 

 

 

 

$438,834

$1,971,802

33

 

EXISTING OPERATING BUDGET - November 20, 1998

 

 

 

 

 

$34,623

$34,623

0

 

Annualization of FY 1998 -1999 Classified State Employees Merit Increase

$15,250

$15,250

0

 

Classified State Employees Merit Increase for FY 1999 -2000

$5,083

$5,083

0

 

Risk Management Adjustment

$25,666

$25,666

0

 

Acquisitions and Major Repairs

($92,798)

($92,798)

0

 

Nonrecurring carry forward for office furniture, equipment, and three vehicles

($8,312)

($8,312)

0

 

Maintenance of State-owned Buildings

$111,739

$111,739

0

 

Salary Base Adjustment

($48,323)

($48,323)

0

 

Attrition Adjustment

($150)

($150)

0

 

Civil Service Fees

$41,542

$41,542

0

Other Annualizations Salaries and related benefits for attorney and information system analyst positions partially funded in FY 98/99

$28,728

$28,728

0

Other Annualizations Computer line charges

$9,219

$9,219

0

 

Other Adjustments Increased operating services expenses for equipment rental, Prolaw fees and Westlaw charges

 

 

 

 

 

$561,101

$2,094,069

33

 

TOTAL RECOMMENDED

 

 

 

 

 

$122,267

$122,267

0

 

DIFFERENCE (TOTAL RECOMMENDED AND EXISTING OPERATING BUDGET)

The total means of financing for this program is recommended at 106.2% of the existing operating budget. It represents 88.3% of the total request ($2,371,406) for this program. Significant adjustments include: increased funding for salaries and related benefits, to provide for merit increases and for annualization of salaries and related benefits for an attorney and information systems analyst positions that are partially funded in the current year; increased funding for operating services expenses due to annualization of computer line charges and increased Prolaw fees, and Westlaw charges.

PROFESSIONAL SERVICES

$31,250

 

Legal expenses for contracted hearing officers

$5,000

 

Interpreting services

 

 

 

$36,250

 

TOTAL PROFESSIONAL SERVICES

OTHER CHARGES

 

 

Interagency Transfers:

$4,871

 

Civil Service charges

 

 

 

$4,871

 

TOTAL INTERAGENCY TRANSFERS

ACQUISITIONS AND MAJOR REPAIRS

$10,999

 

Office furniture

$14,667

 

Computer equipment

 

 

 

$25,666

 

TOTAL ACQUISITIONS AND MAJOR REPAIRS


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