Troy wraps up with a win

BOISE — Idaho state Rep. Caroline Troy’s last legislative session is ending on a high note, with the passage of what she called “the capstone bill of my legislative career.”

House Bill 629 passed the Senate on a 31-3 vote Wednesday and now heads to the governor for his signature.

The legislation was cosponsored by Rep. Caroline Troy, R-Genesee, Rep. Gary Marshall, R-Idaho Falls, and Sen. Abby Lee, R-Fruitland.

The bill creates a new, independent Office of Administrative Hearings. It’s intended to eliminate potential bias in administrative hearings, and protect citizens’ due process rights.

“It’s not the flashiest piece of legislation, but it will make a big difference in the lives of people who are fighting for something precious to them,” Troy said Wednesday afternoon.

A 2016 report by the Office of Performance Evaluation found that the state holds around 10,000 contested hearings every year. Most deal with things like eligibility determinations for state benefit programs such as unemployment or Food Stamps.

Others, however, deal with disagreements over various state licensing boards decisions. The outcome affects whether someone is subject to disciplinary action, or even whether they keep their license or not.

For example, the case that prompted Troy’s interest in this issue involved a Moscow veterinarian who was disciplined by the state Board of Veterinary Medicine for allegedly allowing an unlicensed technician to help spay a feral cat.

In her testimony on HB 629, Katherine Miller said the board conducted a nine-month investigation “where I was considered guilty without even a conversation.”

Troy said one of the problems with the current administrative hearing process is that the agency that’s trying to discipline someone or withhold benefits from them is the same one that provides or hires the hearing officer who decides if the determination was correct.

That creates, if not an actual conflict of interest, at least the strong perception of one, she said. As in Miller’s case, people who participate in the process sometimes feel like their “guilt” has been predetermined.

During Wednesday’s floor debate on HB 629, Sen. Jim Rice, R-Caldwell, said he’s heard similar concerns over the years — including from friends who served as agency hearing officers.

“One of the phrases that comes up is ‘dog-and-pony show,’ ” he said. “A hallmark of due process is having someone neutral deciding the facts of these cases. Right now, (even if) they’re trying to be as fair as possible, we don’t have neutral fact-finders. We have agency employees and contractors who are beholden to the agency finding facts. That’s not what due process requires.”

Creating a standalone office to handle contested hearings is expected to provide the separation and independence needed to arrive at fair and impartial decisions.

Troy said the cost of the new office will largely be offset with money the agencies previously spent hiring contract hearing officers.

She credited Sen. Rice, Sen. Grant Burgoyne, D-Boise, and Senate Majority Leader Bart Davis with helping to lay the foundation needed to address this ongoing concern.

However, it’s also an issue she’s worked on throughout her time in office.

“I’ve had a passion for this from my very first session, when the first person from my district told me about what I considered to be an egregious wrong,” Troy said. “This affects people’s livelihoods, their reputation. The perception of a conflict of interest can undermine confidence in government.”

Troy announced earlier this year that she won’t be running for a fifth term in office. Over the last eight years, she has sponsored or cosponsored more than 100 bills and resolutions, including at least a dozen this session.

Spence may be contacted at bspence@lmtribune.com or (208) 791-9168.