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 this section article, 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