House File 2379 - Introduced HOUSE FILE BY R. OLSON Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act establishing a senior administrative law judge program. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5977HH 82 4 ec/rj/5 PAG LIN 1 1 Section 1. Section 10A.801, subsection 1, unnumbered 1 2 paragraph 1, Code 2007, is amended to read as follows: 1 3 For purposes of thissectionarticle, unless the context 1 4 otherwise requires: 1 5 Sec. 2. NEW SECTION. 10A.802 SENIOR ADMINISTRATIVE LAW 1 6 JUDGE PROGRAM. 1 7 1. The division shall establish a senior administrative 1 8 law judge program to provide for the employment of retired 1 9 administrative law judges to perform duties as an 1 10 administrative law judge on less than a full=time basis to 1 11 assist the division in performing its duties. For purposes of 1 12 this section, a retired administrative law judge is a person 1 13 who has performed duties as an administrative law judge and 1 14 who meets the requirements for a bona fide retirement under 1 15 section 97B.52A. 1 16 2. A retired administrative judge may be employed, at the 1 17 discretion of the division, to perform duties as a senior 1 18 administrative law judge for such time as the division 1 19 determines if the retired administrative law judge does all of 1 20 the following: 1 21 a. Meets the requirements for employment as an 1 22 administrative law judge as provided in section 10A.801 and 1 23 has a license to practice law in this state. 1 24 b. Agrees in writing on a form prescribed by the division 1 25 to be available to perform duties as a senior administrative 1 26 law judge assigned by the division for an aggregate period of 1 27 thirteen weeks out of each twelve=month period commencing upon 1 28 employment as a senior administrative law judge. 1 29 c. Submits evidence to the division that as of the date of 1 30 retirement the senior administrative law judge does not suffer 1 31 from a permanent physical or mental disability which would 1 32 substantially interfere with the performance of duties agreed 1 33 to under this subsection. 1 34 d. Does not engage in the practice of law while employed 1 35 as a senior administrative law judge. 2 1 3. A senior administrative law judge employed by the 2 2 division pursuant to this section shall serve at the pleasure 2 3 of the division and shall not be covered by the merit system 2 4 provisions of chapter 8A, subchapter IV. 2 5 EXPLANATION 2 6 This bill creates a senior administrative law judge program 2 7 within the administrative hearings division of the department 2 8 of inspections and appeals. The program allows the division 2 9 to employ, at its discretion, former administrative law judges 2 10 who are retired to perform duties as administrative law judges 2 11 on less than a full=time basis. 2 12 The bill provides that a retired administrative law judge 2 13 may be employed as a senior administrative law judge if the 2 14 retired judge meets the requirements for employment as an 2 15 administrative law judge, is licensed to practice law in this 2 16 state, agrees to perform duties as a senior administrative law 2 17 judge for an aggregate period of 13 weeks in a 12=month 2 18 period, submits evidence to the division that the retired 2 19 judge is not suffering from a disability to prevent the judge 2 20 from performing duties as an administrative law judge, and 2 21 does not engage in the practice of law while employed as a 2 22 senior administrative law judge. The bill provides a senior 2 23 administrative law judge employed by the division shall serve 2 24 at the pleasure of the division and shall not be covered by 2 25 the merit system. 2 26 LSB 5977HH 82 2 27 ec/rj/5.1