Electronic Process in Competency & Administrative Hearings

     Current law requires a court to allow the department of human services (department) to submit a competency evaluation for a criminal defendant (evaluation) to the court through electronic means. The bill expands the use of electronic processes in competency proceedings by clarifying that the court must permit the department's evaluation submission via e-filing and by directing the department to:

• Accept, by electronic means, a court order to conduct an evaluation; and
• Electronically deliver an evaluation to interested parties through the e-filing system.

     Current law generally requires an administrative agency that is conducting an adjudicatory hearing (agency) to serve any person entitled to notice of that hearing either personally or by first-class mail. The bill permits an agency to serve notice of the hearing by electronic means, upon a documented request or with the documented consent of the person to be notified. The bill similarly authorizes electronic service with respect to an agency's final decision or the initial decision by an administrative law judge or hearing officer.
(Note: This summary applies to this bill as introduced.)