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House Amendment 1452

Amendment Text

PAG LIN
  1  1    Amend House File 667 as follows:
  1  2    #1.  Page 6, by inserting after line 26 the
  1  3 following:
  1  4    "Sec. ___.  Section 17A.3, Code 1997, is amended by
  1  5 adding the following new subsection:
  1  6    NEW SUBSECTION.  3.  A rule shall not expand or
  1  7 enlarge the jurisdiction, authority, or discretion
  1  8 conferred upon or delegated to an agency by statute."
  1  9    #2.  By striking page 15, line 33, through page 16,
  1 10 line 33, and inserting the following:  "amended to
  1 11 read as follows:
  1 12    3.  a.  If a party fails to appear in a contested
  1 13 case proceeding after proper service of notice, the
  1 14 presiding officer may, if no adjournment is granted,
  1 15 proceed with the hearing and make a decision in the
  1 16 absence of the party.
  1 17    b.  A party may request the presiding officer or
  1 18 the agency that a decision entered pursuant to
  1 19 paragraph "a" be vacated for any reason specified by
  1 20 agency rule.  If the request is made to the agency,
  1 21 and adequate reasons are provided showing good cause
  1 22 for the failure to appear, the agency may remand the
  1 23 matter back to the presiding officer for an
  1 24 evidentiary hearing on the merits."
  1 25    #3.  Page 28, by inserting after line 17 the
  1 26 following:
  1 27    "Sec.    .  Section 96.6, subsection 3, unnumbered
  1 28 paragraph 2, Code 1997, is amended to read as follows:
  1 29    Appeals Notwithstanding the provisions of section
  1 30 17A.11, appeals from the initial determination shall
  1 31 be heard by an administrative law judge employed by
  1 32 the department.  An administrative law judge's
  1 33 decision may be appealed by any party to the
  1 34 employment appeal board created in section 10A.601.
  1 35 The decision of the appeal board is final agency
  1 36 action and an appeal of the decision shall be made
  1 37 directly to the district court.
  1 38    Sec.    .  Section 96.7, subsection 4, unnumbered
  1 39 paragraph 3, Code 1997, is amended to read as follows:
  1 40    A Notwithstanding the provisions of section 17A.11,
  1 41 a hearing on an appeal shall be conducted by an
  1 42 administrative law judge employed by and officed in
  1 43 the department according to rules adopted by the
  1 44 department.  A copy of the decision of the
  1 45 administrative law judge shall be sent by regular mail
  1 46 to the last address, according to the records of the
  1 47 department, of each affected employing unit or
  1 48 employer."
  1 49    #4.  By renumbering as necessary.  
  1 50 
  2  1 
  2  2                               
  2  3 DINKLA of Guthrie
  2  4 HF 667.501 77
  2  5 ec/jw/28
     

Text: H01451                            Text: H01453
Text: H01400 - H01499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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